The Senate on Thursday night was preparing to vote on a spending package to avoid another prolonged government shutdown, but with only a two-week stopgap for the Department of Homeland Security as Democrats push to put guardrails on ICE.
Senate leaders on both sides of the aisle needed all their respective troops to sign off on the deal. It takes the unanimous consent of all 100 senators to skip procedural hurdles and hold a quick vote.
Even with the deal, a brief funding lapse is still set to begin at midnight Friday until the House returns to Washington — likely Monday, as already scheduled — to take up the altered package.
Some House Republicans are threatening to block the measure or demand further changes, but those objections can be overcome if there’s at least a two-thirds bipartisan majority in support of fast-tracking the bill.
The spending package leaves untouched five full-year spending bills funding the departments of Defense, Education, Health and Human Services, Housing and Urban Development, Labor, State, Transportation and Treasury that have broad bipartisan support.
The DHS stopgap that Senate leaders and the White House agreed to is designed to buy time to renegotiate the department’s full-year funding bill with additional restrictions on ICE to prevent the type of violence that has unfolded in Minneapolis. Saturday’s fatal shooting of Alex Pretti led to widespread calls to de-escalate.
SEE ALSO: White House working on ‘drawdown’ plan for ICE in Minnesota
“This administration’s campaign of terror has led to deaths, serious injuries, and the detention of innocent people,” said Senate Democrat Whip Richard J. Durbin of Illinois. “Americans are demanding change — we must deliver for them.”
The White House and Republican leaders are willing to negotiate with Democrats on potential changes to ICE operations. Whether they can strike a deal before the new DHS stopgap ends remains to be seen.
Republicans had pushed for the stopgap to last at least four weeks to ensure they had time not only to negotiate a deal but to also move a new bill through both chambers of Congress.
Democrats insisted on a two-week stopgap, which places the next funding deadline ahead of the weeklong congressional recess around Presidents Day.
“I could see DHS shut down for a long, long, long time,” said Sen. John Kennedy, Louisiana Republican. He predicted the negotiations would result in an impasse because Democrats will push for “a bill that looks like ICE has been gutted like a fish.”
Other Republicans were more optimistic that they can secure a bipartisan deal that imposes more accountability but allows ICE to continue deportations of the criminal migrants that President Trump said he is targeting.
SEE ALSO: Trump’s crime crackdown with troops cost nearly $500 million
“We’re going to gain the support of the American people if they know we’re really going after the bad guys, and we’re executing properly,” said Sen. Thom Tillis, North Carolina Republican.
Senate Democrats’ demands include forcing ICE to end roving immigration enforcement patrols and use judicial warrants. They also want to require agents to unmask, wear body cameras and carry identification.
“We need a uniform code of conduct for ICE and all federal agents, just like state and local law enforcement have,” said Senate Minority Leader Charles E. Schumer, New York Democrat. “If they violate these standards — like in the instances of Renee Good and Alex Pretti — they must be held fully accountable. And we need independent investigations, not ICE investigating itself.”
Several Republicans have said Democrats’ demand to prevent federal agents from wearing masks is problematic.
“Not all of the people who are going against ICE are angels,” Mr. Tillis said. “There are people out there that would love nothing more than to take a picture of you, find out where you are and dox your home. This is a law enforcement safety issue.”
House Minority Leader Hakeem Jeffries, New York Democrat, said federal agents wearing masks is “completely and totally unacceptable” and connects directly to the lack of accountability for their violent tactics.
“It reinforces for them that they can behave with impunity,” he said.
Mr. Jeffries said he agrees with the broad categories for ICE guardrails that Mr. Schumer laid out, but his caucus will make its own determinations on the merits of any deal.
House Democrats have been calling for DHS Secretary Kristi Noem to be fired. They plan to begin impeachment proceedings against her if she is not.
It’s not clear whether House Democrats would sign off on a full-year DHS spending bill if Ms. Noem remains in charge.
Republicans will also have their own demands.
Sen. Lindsey Graham, South Carolina Republican, said sanctuary city policies are “the real problem leading to chaos.”
“I think the best legislative solution for our country would be to adopt some of these reforms to ICE and Border Patrol, but to also end forever the sanctuary city policies being pushed by 12 states,” he said.
Mr. Tillis has a middle-ground proposal that would not end sanctuary cities but impose some accountability for their decisions.
“If you don’t cooperate with law enforcement, you release somebody, and that person does someone harm, I want a private right of action against that governmental entity,” he said.
• Lindsey McPherson can be reached at lmcpherson@washingtontimes.com.
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