DHS shutdown funding framework emerges after weeks of negotiations
After weeks of negotiations, an emerging proposal to fund most of DHS while tackling ICE enforcement funding separately faces rejection from both Democrats and Trump.
Objective Facts
After weeks of start and stop negotiations between Congressional Democrats and the White House, there's an emerging proposal to fund the majority of DHS and tackle ICE enforcement funding separately. A group of Senate Republicans met with Trump at the White House Monday and came out with a compromise proposal: funding for 94% of DHS, except for the enforcement and removal arm of Immigration and Customs Enforcement. Democrats say the latest framework does not include other demands, like requiring judicial warrants for immigration agents to enter homes and businesses and a ban on face coverings for agents. Despite optimism from top Senate Republicans, President Trump and Senate Democrats have yet to embrace the emerging framework. Trump said "They need to end the shutdown immediately, or we'll have to take some very drastic measures."
Left-Leaning Perspective
Senate Democrats announced a counteroffer, stating it "contains some of the very same asks Democrats have been talking about" and asking for policy changes dealing with officer identification, mask-wearing, judicial warrants, funding for body-worn cameras, training standards and protections of schools, churches and other sensitive locations. Senate Democrats say they do not want to give ICE any funding until the White House agrees to more sweeping changes to how officers operate. Rep. Pramila Jayapal told reporters "We want actual reforms to the way ICE operates, and CBP also. That's the whole point. We don't want ICE and CBP murdering people on our streets and bashing down doors." Democrats note that ICE officers are being paid despite the shutdown because ICE has access to $75 billion in separate funds from Congress last summer as part of Republicans' massive tax and spending bill. One senior House Democratic aide suggested that "This can't go on much longer and not have the American people begin to also blame Democrats." Democrats have conditioned their support for DHS funding on a ban on masks for ICE agents, stiffer warrant requirements for apprehending suspects in public and a ban on roaming patrols, among other changes. Democrats present their demands as non-negotiable necessities tied to preventing violence, explicitly linking ICE operations to the Minneapolis shootings. They frame their position as defending vulnerable communities and enforcing constitutional protections. However, they omit discussion of how repeatedly changing their specific reform list may appear to validate Republican claims of moving goalposts.
Right-Leaning Perspective
Republicans argue Democrats have moved the goalposts, with Sen. John Hoeven saying Democrats should "quit moving around" on DHS funding, while Thune touted the GOP proposal which includes a second legislative package to fund ICE and pass the SAVE America Act through reconciliation. Sen. Rick Scott, a Trump ally, said he didn't understand why Republicans are cutting a huge chunk of ICE's budget, asking "Why would you just fund a part of government, especially when they don't want to fund the part that protects Americans from illegal aliens that are committing crimes?" President Trump urged Republicans not to make a deal with Democrats, while putting focus on passing the SAVE America Act, but senators left a White House meeting indicating he backed a path forward including using reconciliation to pass ICE funding and portions of the SAVE America Act. House Speaker Mike Johnson declared "The Democrat's DHS shutdown strategy is clear: Block paychecks for TSA officers and force Americans to wait in lines at airports across the country — while letting criminal illegal aliens skip the line to enter the country. It's madness." Republicans express skepticism about making up ICE funding shortfalls through reconciliation, with Sen. Scott dismissing it as "a pipe dream." Republicans frame the GOP proposal as a reasonable compromise and portray Democrats as obstructing critical national security funding. They link Democratic demands to airport chaos while omitting discussion of Trump's repeated rejection of compromise proposals and his demands to link DHS funding to the SAVE America Act.
Deep Dive
The DHS shutdown now extends into its sixth week, with wait times at airports reaching the highest in TSA history, with some exceeding four and a half hours, and TSA having lost more than 480 officers. The core conflict centers on whether Democrats can negotiate ICE operational reforms while refusing to fund ICE's Enforcement and Removal Operations (ERO). Republicans counter that without funding, no reforms are on the table. Democrats argue that ICE already has substantial existing funds from last year's spending bill, making partial funding sufficient for operations. The Republican proposal (94% of DHS without ICE enforcement operations) appears substantively similar to what Democrats originally proposed, yet both sides claim bad faith. Trump initially rejected this framework Sunday, but reversed position Monday after a White House meeting with GOP senators, endorsing a plan using reconciliation for ICE funding and SAVE America Act components. However, some GOP senators, including Mike Lee who championed the SAVE America Act, called the reconciliation strategy "essentially impossible," revealing internal Republican divisions. By Thursday, Thune declared he had given Democrats Republicans' "last and final offer." The SAVE America Act serves as both a practical obstacle and political pressure point. Trump has demanded Democrats back the legislation, which is a nonstarter for Democrats. Trump floated ending the Senate filibuster entirely, asking "When is 'enough, enough' for our Republican Senators" and urging the Senate to "TERMINATE THE FILIBUSTER," though Thune has repeatedly said there isn't support for ending the filibuster within the GOP conference. The shutdown's leverage is significant: both parties face recess obligations and escalating political costs, yet neither side has clearly ceded ground, suggesting the standoff could extend beyond the scheduled recess beginning Friday.