Senators from both parties are bracing for a lapse in funding for the Department of Homeland Security (DHS) by the end of next week, as discussions regarding Democratic proposals for reforms in Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have stalled with Republican leaders.
A shutdown of the DHS would impact not only ICE and CBP, but also the Transportation Security Administration (TSA) and the Federal Emergency Management Agency (FEMA), among other federal entities under this extensive department.
Republican leaders have dismissed the Democratic calls for reforms in ICE and CBP, particularly in light of recent incidents involving the deaths of two U.S. citizens at the hands of federal law enforcement in Minneapolis, labeling these demands as “non-starters.” Meanwhile, Democrats are committed to opposing any further short-term funding extensions for DHS.
Senate Majority Leader John Thune (R-S.D.) expressed skepticism about reaching an agreement within the next week, particularly after Democratic leaders unveiled their comprehensive 10-point reform plan for ICE on Wednesday evening. “We now have a time frame of just over a week, which is entirely unrealistic, coupled with a Democratic Party in both chambers that seems more interested in leveraging this as a political issue than in finding a solution,” he remarked.
Lead Republican negotiator Senator Katie Britt (Ala.) characterized the Democrats’ expanded list of proposed reforms as “an absurd Christmas list of demands for the press” and criticized their approach as “not negotiating in good faith.”
On the Democratic side, leaders have made it clear that they will not support another short-term funding extension for Homeland Security beyond February 13, when the current stopgap measure is set to expire. This stopgap was previously approved as part of a deal to resolve a temporary shutdown that had affected the Pentagon and other federal agencies tied to five different appropriations bills.
A Democratic senator, speaking on condition of anonymity to discuss internal discussions, indicated that the eight Senate Democrats who previously voted to end a 43-day government shutdown in November are unlikely to support another short-term Homeland Security funding bill unless significant immigration enforcement reforms are included. “There’s no one coming to their aid,” the senator asserted, predicting that moderate Democrats would align with Senate Democratic Leader Chuck Schumer’s negotiating stance.
The senator expressed skepticism about the possibility of Democrats backing another short-term funding measure for Homeland Security next week, acknowledging, however, that colleagues have legitimate concerns about the implications of temporarily shutting down TSA, FEMA, and the Coast Guard. “They have us in a difficult position; no one wants a shutdown, but we’ve already extended our negotiating time by two weeks,” the lawmaker added.
Other Democratic senators have dismissed the likelihood of supporting another continuing resolution in the coming days to keep the DHS operational without meaningful immigration enforcement reforms. “First and foremost, Republicans must respond. There is significant public concern regarding the excessive use of force by ICE and CBP within Homeland Security. They need to address these issues. We are not asking for anything beyond what local and state police already do in pursuing violent criminals while simultaneously protecting individuals’ rights,” stated Senator Catherine Cortez Masto (D-Nev.).
Cortez Masto, a centrist Democrat, previously diverged from the party leadership’s strategy during the October shutdown aimed at securing concessions on health care subsidies, but now appears to be firmly aligned with Schumer’s position. Another centrist Democrat, who had previously questioned the party's shutdown strategy, remarked, “Everyone understands the necessity of addressing some of ICE's excesses.”

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