Congress is barreling toward a prolonged shutdown of the Department of Homeland Security as Democrats dig in on demands to restrain President Donald Trump’s immigration enforcement agenda that Republicans say are nonstarters.
Exacerbating tensions are the midterm elections, with both sides confident each is holding a winning hand for November: Senate Democrats could force the agency overseeing Immigration and Customs Enforcement to shut down in protest, while Trump could continue deportation operations with money already provided by the GOP.
“I have a constitutional responsibility to only fund agencies that are acting lawfully,” said Sen. Chris Murphy (D-CT), the top Democratic appropriator for DHS spending. “I would be violating my oath of office if — because Republicans demand to fund an out-of-control, lawless agency — I give my consent.”
TRUMP SKIPPING SUPER BOWL OVER BAD BUNNY AND GREEN DAY PERFORMANCES: ‘I’M ANTI-THEM’
Sen. John Kennedy (R-LA), who sits with Murphy on the Appropriations Committee, envisioned a scenario in which DHS could be “shut down for a long, long, long time.”
Congress has funded the federal government through the fiscal year that ends Sept. 30, except for DHS, which will shut down Feb. 14 without more money. The temporary extension was designed to give lawmakers space on ICE negotiations after the deadly shootings of U.S. citizens in Minnesota by federal agents, but the prospects of a breakthrough were bleak.
And while a DHS shutdown would have sweeping national security implications, it’s the only department at risk of a funding lapse in the near future, lowering the stakes on dug-in lawmakers to compromise.
Senate Majority Leader John Thune (R-SD) accused Minority Leader Chuck Schumer (D-NY) and Jeffries of not negotiating in good faith for fear of liberal blowback.
“Both are afraid of their shadows,” Thune told the Washington Examiner. “I don’t think they want to — particularly in [Jeffries’] case — I don’t think he wants to make a deal at all. I think he wants the issue.”
House Minority Leader Hakeem Jeffries (D-NY) shot back, insisting that Democrats were “negotiating in good faith because we want to try to achieve an outcome.”
“But the changes that are enacted with respect to the way in which the Department of Homeland Security is conducting itself need to be bold, meaningful, and transformative,” Jeffries said.
Additionally, he told the Washington Examiner he is a “hard no” on any DHS funding without a deal on the conduct of federal officers, rejecting Republicans’ “fallback” plan that lawmakers fund the agency at current levels through September if ICE negotiations collapse.
A DHS shutdown would have widespread ramifications affecting sub-agencies such as the Federal Emergency Management Agency, the Transportation Security Administration, the U.S. Coast Guard, and the Cybersecurity and Infrastructure Security Agency. But ICE and U.S. Customs and Border Protection, which are also under DHS, will face minimal impacts because of funding provided by Trump’s tax law last year that runs until 2029.
WHAT IS THE NASA ARTEMIS PROGRAM?
“To say that the security of Americans is not paramount, I think, would be a huge mistake for the Democrats,” Sen. Katie Britt (R-AL), the lead GOP negotiator on ICE, told the Washington Examiner.
The Trump administration is withdrawing 700 of the roughly 2,700 federal immigration agents in Minnesota, a move that Schumer characterized as insufficient and “only affirms that the real solution to ICE is never going to come from the executive branch policing itself.” Democratic leaders are demanding legislation barring warrantless deportations, banning face masks, and implementing use-of-force standards similar to local police departments.
Republicans say unmasking and identifying officers are nonstarters because of safety concerns, and they want a crackdown on “sanctuary cities” to force more cooperation from local officials in exchange for any policy concessions.
GOP RECKONS WITH TRUMP’S ICE BLUNDERS: ‘DEFEAT OUT OF THE JAWS OF VICTORY’
Both sides are ultimately demanding policies that the other says are untenable, with few limited motivations to overcome the impasse in an election year.
“I think there’s a lot of public pressure on them to pass reforms,” said Murphy, citing polling that shows a majority of voters feel the fatal shooting of ICE protester Renee Good in Minnesota by an ICE officer was unjustified. “I think they know that they are in an awful position if they just sit on the sidelines and defend what’s happening.”
