DHS shutdown looms after Senate Democrats block Homeland Security bill

A shutdown of the U.S. Department of Homeland Security appeared all but certain on Thursday as lawmakers prepared to depart Washington for a 10-day recess, with negotiations between Democrats and the White House over new immigration enforcement restrictions having stalled.

Democrats and the White House have exchanged proposals in recent days, with Democrats pushing for significant curbs on President Trump’s extensive immigration enforcement campaign. Their demands include improved identification for US Immigration and Customs Enforcement (ICE) and other federal law enforcement officers, a new code of conduct for these agencies, and a greater reliance on judicial warrants, among other requests.

The White House submitted its latest offer late on Wednesday, but President Trump told reporters on Thursday that some of the Democratic demands would be "very, very hard to approve."

Democrats swiftly rejected the White House’s undisclosed proposal, stating it failed to include sufficient restrictions on ICE, particularly following the fatal shootings of two protesters last month.

Senate Democratic Leader Chuck Schumer of New York asserted that Americans demand accountability and "an end to the chaos," just before the Senate voted down a bill to fund the department.

He added, "The White House and congressional Republicans must listen and deliver." Lawmakers in both chambers were put on notice to return to Washington should a deal be reached to avert the anticipated shutdown. Senator Patty Murray, the leading Democrat on the Senate Appropriations Committee, informed reporters that Democrats would present a counterproposal to the White House over the weekend. "They haven’t taken it seriously yet," she said of Republicans.

Senate Majority Leader John Thune, a Republican from South Dakota, conceded after the vote that a shutdown seemed inevitable.

"The people who pay the price are the people of the agencies who are not going to be getting paychecks," Mr Thune stated. The immediate impact of a DHS shutdown is expected to be minimal. Immigration enforcement operations are unlikely to be halted, as President Trump’s tax and spending bill passed last year allocated approximately $75bn to ICE for expanding detention capacity and bolstering enforcement.

However, other agencies within the department – including the Transportation Security Administration, the Federal Emergency Management Agency (FEMA), the Secret Service, and the Coast Guard – could face more significant challenges over time.

Gregg Phillips, an associate administrator at FEMA, testified this week that while its disaster relief fund currently holds sufficient balances for emergency response, it would become "seriously strained" in the event of a catastrophic disaster. Mr Phillips warned that long-term planning and coordination with state and local partners would be "irrevocably impacted."

President Trump, who has largely remained silent during the bipartisan talks, noted on Thursday that a recent court ruling had rejected a ban on masks for federal law enforcement officers. "We have to protect our law enforcement," he told reporters.

Trump had previously agreed to a Democratic request to separate the Homeland Security bill from a larger spending measure that became law last week, which only extended Homeland Security funding at current levels until Friday.

Schumer and House Democratic leader Hakeem Jeffries have called for immigration officers to remove their masks, display identification, and improve coordination with local authorities. They also demand a stricter use-of-force policy for federal officers, legal safeguards at detention centres, and a prohibition on tracking protesters with body-worn cameras.

Democrats further advocate for an end to indiscriminate arrests, requiring verification of non-citizen status before detention.

Republicans have largely opposed most of these Democratic demands. Senator Eric Schmitt, a Republican from Missouri, suggested that Republicans, who have championed stronger immigration enforcement, would benefit politically from the debate surrounding the Democratic proposals. "So if they want to have that debate, we’ll have that debate all they want," Mr Schmitt said.

The issue of judicial warrants remains a significant sticking point. Thune, who has urged cooperation, indicated that this would be "very hard for the White House or for Republicans." However, he added, "But I think there are a lot of other areas where there has been give, and progress." Schumer and Jeffries insist that DHS officers should not enter private property without a judicial warrant, and that warrant procedures and standards must be improved. They seek an end to "roving patrols" of agents targeting individuals in streets and homes.

Most immigration arrests are conducted under administrative warrants – internal documents authorising arrest but not forced entry into private spaces without consent. Traditionally, only judge-signed warrants grant such authority. However, an internal ICE memo obtained last month reportedly authorises officers to use force for entry based solely on a narrow administrative warrant for individuals with a final removal order, a move critics argue infringes upon Fourth Amendment protections.

Despite some "concessions" in the White House offer, Mr Thune acknowledged that the sides were "a long ways toward a solution." Schumer dismissed the administration’s announcement of an end to the immigration crackdown in Minnesota, which led to thousands of arrests and the fatal shootings of two protesters, as insufficient. "We need legislation to rein in ICE and end the violence," he stated, warning that administrative actions "could be reversed tomorrow on a whim."

Simmering partisan tensions erupted on the Senate floor immediately after the vote. Senator Katie Britt, a Republican from Alabama and chairwoman of the Homeland Security appropriations subcommittee, attempted to pass a two-week extension of funding, only for Democrats to object. Britt accused Democrats of "posturing" and causing federal employees to suffer, exclaiming: "I’m over it!" Connecticut Senator Chris Murphy, the top Democrat on the subcommittee, retorted that Democrats "want to fund the Department of Homeland Security, but only a department that is obeying the law." He concluded: "This is an exceptional moment in this country’s history."