Senate Passes Partial DHS Funding Bill Excluding ICE, Deepening Shutdown Standoff

The Senate approved a bill early Friday to fund most of the Department of Homeland Security (DHS), excluding Immigration and Customs Enforcement (ICE) and parts of Customs and Border Protection (CBP), marking the 42nd day of a partial government shutdown centered on immigration enforcement funding. The legislation, passed by voice vote at 2:20 a.m. following extended bipartisan negotiations, aims to restore funding for key DHS components such as the Transportation Security Administration (TSA), the Coast Guard, the Federal Emergency Management Agency (FEMA), and the Cybersecurity and Infrastructure Security Agency (CISA). However, it leaves immigration enforcement agencies unfunded, a move that reflects ongoing disputes between Senate Republicans and Democrats over immigration policy reforms.

The Senate bill’s passage came amid growing operational challenges at airports nationwide, where TSA officers have missed their first full paychecks since mid-March, resulting in call-out rates exceeding 11% nationally and surpassing 40% at some airports. These staffing shortages have contributed to long security lines and delays for travelers. In response, President Donald Trump announced he would issue an emergency order to pay TSA agents, directing newly sworn-in Homeland Security Secretary Markwayne Mullin to address the situation, although the legal basis for this action remains unclear. Trump also deployed ICE agents to assist TSA operations at airports, despite ICE continuing to receive pay during the shutdown due to prior funding legislation.

While Senate Democrats hailed the bill as a victory for their efforts to avoid funding immigration enforcement without reforms, they acknowledged that the measure did not include the restrictions they sought on immigration raids and deportation practices. Senate Minority Leader Chuck Schumer stated, “No blank check for a lawless ICE and Border Patrol,” emphasizing that Democrats stood united in their opposition to funding these agencies without changes. Senate Majority Leader John Thune criticized Democrats for the impasse, asserting that the shutdown could have been avoided weeks ago and that the president should not have had to intervene to support TSA workers. Thune also indicated that efforts to fund ICE and CBP would continue through a separate reconciliation process, though this approach faces significant challenges given the narrow Republican majority and lack of Democratic support.

The bill now moves to the Republican-controlled House of Representatives, where its fate remains uncertain. House Speaker Mike Johnson and Majority Leader Steve Scalise have expressed frustration with the Senate’s exclusion of immigration enforcement funding and have not committed to bringing the legislation to a vote. Johnson described the Senate measure as “infuriating” and accused Democrats of being “willing to inflict pain on the American people” by defunding agencies responsible for immigration enforcement. The House is scheduled to return for legislative business at 9 a.m. Friday, with votes expected to begin around 10 a.m., but no DHS-related votes were initially listed. House GOP leaders are reportedly considering various options, including potentially fast-tracking the bill, though procedural rules and the need for bipartisan support complicate the path forward. The ongoing standoff leaves the partial DHS shutdown unresolved as lawmakers weigh next steps.