DHS Is Headed for Shutdown

The Senate on Thursday failed to advance a measure to fund the Department of Homeland Security for a full year, 52-47, leaving the agency on track for a shutdown when funding expires Friday night.

Lawmakers left Washington after most Democrats voted to block the House-passed funding bill for DHS. The vote came as the White House and Senate Democrats, chiefly Senate Minority Leader Chuck Schumer, continue to negotiate the specifics of a full-year funding bill that contains provisions to change immigration enforcement operations.

Democrats demanded these reforms after two U.S. citizens were shot and killed by federal agents in Minneapolis. Though Border czar Tom Homan said Thursday morning that the immigration enforcement surge taking place in Minnesota will end, Democrats had already rejected the most recent proposal offered Wednesday night by the White House.

Still, a senior White House official who spoke on condition of anonymity told reporters Thursday that negotiations are ongoing.

“I would certainly say there’s been meaningful progress,” the official said. “We have addressed some of their proposals in our counter proposal. That’s how this works.”

Schumer said he needs to see more from the Trump Administration on specific policy proposals for Immigration and Customs Enforcement and Customs and Border Protection before Democrats vote to fund DHS, even just for a short period.

Senate Republicans moved after the vote to pass a two-week funding patch for DHS to allow additional time for negotiations through a vehicle that would require the consent of all 100 senators. Sen. Chris Murphy, the ranking member of the Senate Appropriations Subcommittee on Homeland Security, objected.

“Democrats have been clear,” Schumer said Thursday on the Senate floor. “We need legislation to truly halt ICE’s abuses. We need legislation to rein in ICE and stop the violence. Otherwise, this administration could go right back to what they were doing.”

Most Democrats said Thursday that without a concrete commitment from the White House to implement some of their demands, including a requirement to obtain judicial warrants and prohibitions on agents wearing masks, the department will remain shut down. Any funding bill needs at least 60 votes to advance in the Senate, requiring some bipartisan support.

The Senate had previously passed a two-week extension of current funding levels for DHS at the end of January to allow for the negotiations to begin. Thune said he was disappointed Democrats did not vote for another one to give talks more time.

“Every iteration of this gets a step closer because I think the White House has given more and more ground on some of these key issues,” Senate Majority Leader John Thune said. “So far, they’re not getting any kind of response from Democrats, even allowing us to continue this and allow the government to stay open.”

Thune told reporters Thursday that warrants are a particular sticking point in the negotiation, but said he thinks the two sides can “find a landing place.”

“We talked about some of the things that are going to make it really hard,” Thune said. “For example, the warrant issue. That’s very, very hard to say you have to have your judicial warrant. Administrative warrants have been used effectively by agencies going back many decades.”

The House and the Senate are scheduled to be in recess next week, which will likely extend the length of a shutdown. Thune said that if conversations seem to be going well and are nearing a conclusion, he will call senators back into town.

“We have let people know to be available to get back here if there’s some sort of deal they strike to vote on it,” Thune said. “I’m encouraged to hear that they are actually going to put together another counter proposal. I think that if people are operating in good faith and actually want a solution, that deal space is there.”

Democrats said they are largely unhappy with where negotiations stand. Sen. Tim Kaine, a Democrat who voted to end the longest government shutdown in history last fall, called the White House’s proposal “insufficient.”

“It’s good that they’re offering something,” Kaine said. “No, it isn’t [enough].”

He added that a failed Department of Justice effort to indict Democratic lawmakers also complicated negotiations this week.

“The week has taken a very bad turn when the White House decided that they wanted to weaponize the DOJ against Democratic members,” Kaine said. “They couldn’t have picked a worse time.”

Sen. Chris Coons said the White House’s proposal was not enough for leadership to have the caucus review the details.

“[A shutdown] was inevitable, given that the White House did not promptly, seriously engage,” Coons said. “Frankly, if we’ve gotten a response from the White House before late last night. I think you might see a different outcome today.”

Democratic Chief Deputy Whip Brian Schatz told reporters Thursday that he has not been satisfied with the White House’s response.

“They have not really shown that they understand the magnitude of the anger among American citizens, and they’re still treating this like they’ve got a ton of leverage, and that this is an immigration debate,” Schatz said. “This is well beyond that at this point.”

Sen. Gary Peters told reporters he is “always hopeful” that the White House and Senate Democratic leadership will be able to work something out.

“They should agree to the common sense reforms that local police departments are using. It’s all on them,” Peters said.

While the White House official said that the administration is “eagerly” awaiting a response to their proposal, some Democrats insist that the ball remains in the White House’s court.

“That’s a question for the White House,” Sen. Andy Kim told NOTUS about whether he sees a path forward. “The ball is in their court … Right now, they’re not hitting the mark, and it’s something that is so clearly not what we are demanding in terms of what the American people want.”