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Senate deadlock on curbing immigration forces pushes Homeland Security agencies toward shutdown

The latest political deadlock between Republicans and Democrats threatens to affect 260,000 civil servants

Todd Lyons, director of ICE; Rodney Scott, commissioner of CBP and Joseph Edlow, director of USCIS, at Congress in Washington, on February 10.Kent Nishimura (REUTERS)

The deep polarization fracturing the United States is on the verge of triggering a third government shutdown in just four months — a budgetary and administrative anomaly. While this shutdown is partial and limited, the inability of Republicans and Democrats to agree on increased oversight of immigration agents threatens to temporarily close several agencies, including the Coast Guard, the Transportation Security Administration (TSA), the Secret Service, and the Federal Emergency Management Agency (FEMA), among others. Some 260,000 public employees would have to continue working without pay.

The two parties have been unable to agree on the conditions for passing the appropriations bill for the Department of Homeland Security (DHS). Following Thursday’s Senate vote, 52 to 47, falling short of the supermajority of 60 votes needed to pass such legislation, the division between the two parties is steering Homeland Security toward a budgetary shutdown. The Immigration and Customs Enforcement (ICE) agency and the Border Patrol depend on this funding. Officers from these immigration agencies shot and killed two U.S. citizens in Minneapolis this past January.

The political impasse stems from the complex budget process in both houses of the U.S. Congress. The House of Representatives and the Senate must approve 12 appropriations bills that authorize discretionary spending across dozens of federal agencies. They have already passed 11 bills affecting approximately 90% of federal government spending through to September 30, the end of the fiscal year. Only one appropriations bill, affecting the Department of Homeland Security, remains to be passed.

The paradox is that even if the department headed by Kristi Noem runs out of resources, ICE and the Border Patrol will be able to continue operating because the Big Beautiful Bill passed by the Trump administration last summer, provides an extraordinary $75 billion in funding for these immigration agencies.

The death of Alex Pretti, a 37-year-old nurse, who was peacefully protesting against abuses by federal agents against immigrants, two weeks after the murder of Renee Good, a 37-year-old U.S. citizen, shot at point-blank range by another police officer, has led Democrats to take a stand and demand greater oversight of these bodies, which, according to the opposition, have acted with impunity.

Late last year, the White House ordered the deployment of these police forces to Minneapolis, Minnesota, a city governed by Democrats, for political reasons. During this period, they have carried out indiscriminate raids and used controversial tactics; they dress like paramilitaries with their faces covered by balaclavas, have frequently used excessive force, conducted illegal arrests, and even detained children, according to local authorities, residents, and civil organizations.

Democrats are demanding that these agents wear official uniforms, body cameras, visible identification, be prohibited from wearing masks, and have warrants to enter private property. But Republicans are unwilling to grant all those safeguards.

“We need legislation to rein in ICE and end the violence,” said Senate Minority Leader Chuck Schumer. Republicans had hoped that Border Czar Tom Homan’s announcement to withdraw law enforcement forces deployed in Minnesota would pave the way for an agreement. But the decision was not enough. “Without legislation, what Tom Homan says today could be reversed tomorrow on a whim from Donald Trump,” added Schumer during a vote that lasted four hours. In these types of congressional sessions, votes are usually accompanied by debates and negotiations to try to reach agreements on the issues being voted on, but in this case, it proved fruitless.

Many lawmakers have already left Washington for their respective districts to begin campaigning. The campaign for this year’s midterm elections is in full swing, and both parties are gearing up to win over voters.

The House is scheduled for a week-long recess, so the shutdown, which would begin at midnight on Saturday, could last for a week. However, party leaders have advised members of Congress to be available in case they need to return to the capital for an emergency vote.

During the vote, Republicans attempted a last-ditch tactic: approving Homeland Security funding for two weeks to buy themselves more time for negotiations. “Democrats have been very clear: we will not support an extension of the status quo,” Schumer said in the Senate.

The Republicans attempted a similar move two weeks ago during the previous government shutdown. In this case, six appropriations bills were pending, affecting numerous federal agencies. After a four-day budget impasse, they agreed to pass five appropriations bills through the end of the fiscal year and to pass the Homeland Security bill for only two weeks, in order to continue negotiations. But the talks between the two parties have not been successful, despite pressure from the White House, which has made few concessions regarding control of immigration agents.

“Right now, at least there ought to be an understanding that these discussions need to continue, and that a solution is at least in sight,” said House Majority Leader John Thune. The White House sent a proposal Wednesday night, but Democrats said it did not go far enough.

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