Key takeaways:
- The DHS partial government shutdown has lasted 40 days, with Senate Republicans proposing to fund most DHS operations except ICE’s Enforcement and Removal, aiming to address disruptions at airports caused by unpaid TSA agents.
- Senate Democrats reject the GOP plan, demanding significant ICE reforms and refusing to fund what they call “lawless immigration enforcement,” while negotiations are stalled amid partisan disagreements.
- President Trump’s mixed signals and the controversial SAVE America Act complicate talks, with Republicans planning to use budget reconciliation to pass funding and election-related measures despite legal and procedural challenges.
The partial government shutdown affecting the Department of Homeland Security (DHS) has entered its 40th day with no clear resolution in sight. Senate Republicans have proposed a plan to fund the majority of DHS operations, including the Transportation Security Administration (TSA), while withholding funding for Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations. This proposal aims to address the immediate operational needs of the department amid growing disruptions, particularly at airports, where TSA agents have been working without pay, leading to increased sick calls and resignations.
Senate Majority Leader John Thune indicated that the Senate would eventually vote on this GOP proposal, which would fund approximately 94% of the DHS budget but exclude $5.5 billion earmarked for ICE’s deportation activities. However, Senate Democrats have rejected the plan, insisting on reforms to ICE as a condition for funding. Minority Leader Chuck Schumer stated that Democrats would submit a counteroffer containing “significant reform” measures. Democratic senators have emphasized their refusal to fund what they describe as “lawless immigration enforcement operations,” especially in light of recent incidents involving federal agents.
The ongoing negotiations are further complicated by President Donald Trump’s ambivalent stance. While he has publicly expressed dissatisfaction with potential deals, he reportedly signaled support for the Republican approach after a meeting with Senate Republicans. Trump has urged GOP senators not to reach a bipartisan agreement and instead focus on passing the SAVE America Act, a controversial elections bill. This legislation, which critics label as a voter suppression measure, has been a contentious element in the shutdown talks and has previously derailed attempts to end the funding impasse.
Republicans plan to address the remaining ICE funding and elements of the SAVE America Act through a budget reconciliation process, which requires only a simple majority in the Senate. Senate Budget Committee Chairman Lindsey Graham announced intentions to move swiftly on a second reconciliation bill aimed at securing homeland funding and improving voter integrity. However, experts have raised doubts about the feasibility of including the SAVE America Act in reconciliation, as its provisions largely fall outside the scope of budgetary measures permitted under Senate rules. Some Republicans have suggested hiring legal experts to craft the bill in a way that could survive parliamentary scrutiny, but others acknowledge the difficulty of this approach. The Senate’s upcoming two-week recess adds urgency to the negotiations, with lawmakers under increasing pressure to resolve the shutdown amid growing operational challenges at airports nationwide.
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