Federal appropriations that include the Department of Homeland Security (DHS) could expire this week unless congressional Republicans and Democrats reach agreement on restrictions tied to the operations of Immigration and Customs Enforcement (ICE). The contention centers on whether to attach a set of reforms on ICE conduct to the bill that funds DHS and a range of other agencies through the end of September.
At the heart of the dispute is rising public concern over aggressive immigration enforcement actions under the Trump administration. The administration has undertaken expanded deportation efforts and has deployed ICE agents to several Democratic-led cities, including Los Angeles, Chicago, Charlotte, and, most recently, Minneapolis and St. Paul. A series of incidents in Minneapolis have inflamed community anger, among them the shooting death of U.S. citizen Alex Pretti, the removal of a U.S. citizen from his home while he was in his shorts, and episodes in which children, including a five-year-old boy, were detained.
In addition to those localized incidents, advocates and others point to a worrying tally: six deaths in ICE detention centers have been reported so far this month. Those developments have sharpened demands among Democrats for immediate changes in how immigration enforcement is carried out.
What Democrats are seeking
Democrats have long called for stricter controls on ICE activity and are now seeking to have those changes included in the DHS funding bill that would run through September. The House approved a large spending measure last week that bundled DHS funding with appropriations for agencies ranging from the Defense Department to entities that oversee medical research, housing, and education programs. Most Democrats opposed that bill as it passed the House.
Specifically, the reforms Democrats are pressing for include explicit prohibitions on the detention or deportation of American citizens by ICE; a ban on the use of masks by ICE agents; a mandate that agents wear body cameras; explicit limits on excessive force; prohibitions on raids in places of worship, hospitals, and schools; and a bar on providing agents with absolute immunity from prosecution for breaches of codes of conduct. Other Democratic proposals include improved training for agents and a requirement that immigration searches and detentions be authorized by court-issued warrants.
Some Democrats also want DHS spending to be separated from the broader spending package to prevent potential disruptions to the other agencies covered by the bill. To buy time for further negotiation, Democrats have offered to accept a temporary funding measure while parties continue discussions on the ICE restrictions.
What Republicans are proposing
Republicans oppose altering the large spending bill and are urging the Senate to pass it before the January 30 funding deadline. Senator Susan Collins of Maine, who chairs the Senate Appropriations Committee, said the omnibus package already contains measures that act as guardrails on ICE conduct. Among those provisions, the bill allocates $20 million for body-worn cameras, includes protections for pregnant women in DHS custody, and forbids the destruction of evidence tied to deaths of people in custody.
How enforcement and funding could be affected if there is no deal
Immigration enforcement would likely continue even if the broader DHS appropriations lapse. During the last government shutdown in October, DHS designated 258,000 of its roughly 272,000 employees as "essential," enabling them to remain at work after funding expired. While essential personnel typically do not receive pay during a lapse, the Trump administration provided continued pay for immigration agents and other federal law enforcement during that prior shutdown.
DHS also benefits from an additional source of funding established by last year’s comprehensive spending package. That legislation included $75 billion in supplemental funding for ICE that enables the agency to expand its workforce and enlarge detention capacity as it pursues the administration’s target of deporting 1 million people annually. That supplemental funding would remain available even if Congress fails to enact the DHS funding bill now under debate.
Next steps on Capitol Hill
A large winter storm has delayed lawmakers’ return to Washington, complicating efforts to resolve the impasse. Senators are expected to return late on Tuesday, and both parties have planned individual policy lunches on Wednesday. Those gatherings will be an early opportunity for the Senate’s 53 Republicans and the 47-member Democratic caucus to refine strategy as they confront the January 30 funding cutoff.
The immediate outcome of those meetings and ensuing negotiations will determine whether the DHS and the other agencies funded by the large appropriations measure will continue to operate under current arrangements, be subject to new restraints on immigration enforcement, or face a funding lapse that could disrupt parts of the federal budget process.