Senate Democrats demand ICE concessions as funding deadline looms

WASHINGTON—A short-term continuing resolution to keep the government funded and open expires on Friday, but unrest in Minneapolis and unresolved questions about U.S. Immigration and Customs Enforcement are threatening to upend the last batch of bipartisan appropriations that need passage in the Senate this week. The Senate on Thursday voted down a motion to proceed with a “minibus” package of six appropriations bills that contain the bulk of federal spending. Now the chamber, locked in a debate over funding for ICE, is scrambling to reach a deal while a shutdown appears likely for at least the weekend.

Unlike during the 43-day government shutdown that ended in November, this time Republicans appear willing to negotiate. In a test vote Thursday morning, seven Republicans joined with Democrats to prevent the minibus from moving forward. Senate Majority Leader John Thune, R-S.D., told reporters talks with Democrats are “trending in the right direction” and that he had looped in the White House. 

By Thursday evening, senators and the White House had agreed on a plan to split up the minibus into individual bills, then pass a two-week continuing resolution to temporarily fund the Department of Homeland Security but work on reforms. But the Senate failed to pass even that deal on Thursday after hours of closed door negotiations and senators offering new amendments to attach to the continuing resolution. Sen. Lindsey Graham, R-S.C., delayed negotiations after expressing frustration over the House’s removal of a provision that allowed senators to sue the government for having their phone records surveilled.

Even if Senate Republicans reach a deal with Senate Democrats, any changes they make, including splitting up the minibus into individual parts, requires the House to vote yet again. With the lower chamber on recess until Monday, a funding lapse affecting up to 75% of the federal government, including the Department of Defense and the Health and Human Services Department, could hit this weekend. Senate Democrats are using the opportunity to exercise some leverage and demand codified changes to immigration enforcement.

The death of Minneapolis protester Alex Pretti on Saturday was the second fatal shooting by federal immigration enforcement agents in the city in the past month. Widely circulated videos of the confrontation with Pretti, who appeared to be disarmed before he was shot, have prompted bipartisan calls for an independent investigation. Senate Minority Leader Chuck Schumer, D-N.Y., said the incident, along with reports of racial profiling, accidental arrests, and aggressive tactics, was evidence of a chaotic ICE operation.

“After talking with my caucus, Senate Democrats are united on a set of commonsense and necessary policy goals that we need to rein in ICE and end the violence,” Schumer told reporters on Wednesday.

Democrats have coalesced around three groups of demands. First, they want ICE to stop roving patrols, tighten rules around what types of warrants they may serve, and cooperate with local law enforcement. Second, they want independent investigations into ICE operations. And finally, Democrats are demanding that ICE agents be required to wear body cameras but not masks and to carry proper identification.

“I think the administration is willing to sit down with [Democrats] and have a discussion, perhaps a negotiation about how do we move forward,” Thune said this week. “But the one thing I do know, and that is that a government shutdown is not in anybody’s interest.”

In the House, Democrats already negotiated several elements of the DHS funding bill, including adding money for body cameras and de-escalation training. But those measures are optional, not required. Now Senate Democrats say more rigorous changes are needed and fast.

“I do not want the shutdown. I do want accountability. And that’s our obligation,” said Sen. Peter Welch, D-Vt. “Why not take advantage of what we’ve accomplished together, Republicans and Democrats, move them on and then take on what both sides know is the urgency of the moment on the recklessness of ICE.”

Democratic senators said they would vote for the other five bills, but they want either a reworked DHS bill immediately or a continuing resolution that would give them time to work on a new one. The first option would require the House, which is out of session this week, to return by Friday and agree to new language. The second option would pass the other five bills but leave DHS at current funding levels while lawmakers negotiate DHS appropriations.

“At this juncture, the smart play is to carve out the Homeland Security bill, and we can fight over that, but in the meantime, try to do a CR and pass the other bills,” Sen. John Kennedy, R-La., said Wednesday.

Other Republicans have expressed reservations. Sen. Rand Paul, R-Ky., told reporters he wanted the White House to institute immediate changes on ICE deployments, but he noted that causing a shutdown over DHS funding would affect unrelated agencies like FEMA, the Coast Guard, and Transportation Security Administration. Last year’s One Big Beautiful Bill Act already gave ICE nearly $20 billion per year for the next four years. ICE also received its funding in advance—so even if the government does shut down, ICE will not immediately be affected.

Still, both sides of the aisle agreed they needed cooperation from the White House. Democrats want to see Trump pull back federal agents from Minneapolis, and they’re not trusting promises of future bills.

“Whatever happens, I think the end result is that the president is going to have to be on board with whatever the final agreement is,” Sen. Mike Rounds, R-S.D., told me this week, adding that he was optimistic about finding a solution by Friday.

Public pressure over the Pretti case might make President Donald Trump more willing to come to the negotiating table. White House press secretary Karoline Leavitt assured reporters on Monday that several internal investigations over Pretti’s shooting are ongoing. Republican lawmakers, too, have demanded federal agencies provide more information about the incident.

“I think the administration is the ultimate player here,” Welch said. “The president can play a constructive role here by taking ICE out of Minneapolis and also by asserting his total commitment to an independent investigation. Those are helpful.”

For the White House’s part, Leavitt had said on Monday that the president wanted to see the Senate pass the original House-passed minibus. Trump has also insisted that Congress take up a new bill to end sanctuary cities.

In phone calls with Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey, the president said he would pull back federal immigration officers from Minnesota—but only if the state hands over imprisoned illegal immigrants to federal agents, if Minneapolis ends so-called sanctuary city policies, and if local law enforcement cooperates with federal agents.

The administration’s posture this week has been more conciliatory than its response earlier this month to an ICE agent’s fatal shooting of Minneapolis protester Renee Good. Trump has sent border czar Tom Homan to the embattled city to take over operations. At a news conference on Thursday morning, Homan offered a softer tone.

“I do not want to hear that everything that has been done here has been perfect. Nothing is ever perfect. Anything can be improved on. What we’ve been working on is making this operation safer, more efficient, by the book,” Homan said.

Homan said he is working on a “drawdown” plan to end federal operations in Minneapolis but reiterated that his priority is to capture illegal immigrants with violent criminal records.

This story has been updated since its original posting.