Congressional leaders said Tuesday they were still working toward a deal with the White House to fund the Department of Homeland Security before funding expires this weekend, even as the parties remained split over new restrictions Democrats want for ICE and other federal immigration enforcement operations. Senate Democratic Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries said Democrats had rejected the White House’s counteroffer and were prepared to allow a Homeland Security shutdown if their demands were not met.
The dispute comes as lawmakers try to renegotiate the Homeland Security funding bill after it was carved out of a larger spending measure that became law last week. The agreement extended funding at current levels only through Feb. 13, leaving a narrow window for negotiators to trade language on ICE and other components of the department before a potential service shutdown.
Democrats argue that ICE officers should face changes tied to accountability and legal safeguards. Schumer said Tuesday that the party’s goal is for ICE “to follow the same standards that most law enforcement agencies across America already follow,” adding that Democrats were awaiting a reply from Republicans. Jeffries said Democrats would not move a DHS funding bill forward without “dramatic changes” to the department.
Among the Democratic demands, lawmakers said they want judicial warrants required for specific enforcement actions, better identification for DHS officers, and changes to federal use-of-force policies. Democrats also said they are seeking legal safeguards at detention centers, an end to what they described as indiscriminate arrests, and limits on racial or ethnic profiling. They also cited requests that immigration officers remove masks, show identification, better coordinate with local authorities, and comply with warrant procedures that restrict officers from entering private property without a judicial warrant.
Democrats’ push for tighter ICE oversight has been shaped by recent incidents involving federal enforcement officers, the leaders said. AP reported that Democrats made their demands after a federal agent fatally shot two protesters in Minneapolis last month, and they cited that ICU nurse Alex Pretti was killed Jan. 24. The report also said Democrats pointed to another shooting involving ICE agents on Jan. 7 in the case of Renee Good.
Republicans, in turn, rejected key Democratic requirements as nonstarters. Jeffries said Tuesday that the White House counteroffer “walked away from” Democratic proposals related to better identification, more judicial warrants, and limits on excessive use of force. Jeffries also said the White House counterproposal did not address Democratic concerns about racial or ethnic profiling.
Oklahoma Sen. Markwayne Mullin, a close ally of President Donald Trump, said he was willing to consider discussions on body cameras and better training, but that he would reject the most central Democratic demands. Mullin said Democrats’ requests to include judicial warrants, demasking officers, and photo identification for officers with names printed on them were not acceptable. House Speaker Mike Johnson similarly said on Monday that lawmakers needed to discuss options that were “reasonable and achievable,” while he argued that ICE officers face targeting and therefore should be allowed to wear masks.
Some Republicans also described their own priorities in negotiations, including added provisions that would require proof of citizenship before Americans register to vote, and restrictions on cities they say do not do enough to crack down on illegal immigration. At a House hearing Tuesday, Todd Lyons, the acting director of ICE, told lawmakers that his agency is “only getting started” and that he was not going to be intimidated as officers carry out what the report described as Trump’s mass deportation agenda.
Despite the sharp differences, Republican and Democratic leaders expressed cautious optimism that an agreement could be reached. Schumer said after meeting with his caucus Tuesday, “There’s no reason we can’t do this” by the end of the week. Thune said there had been “some really productive conversations.” A White House official, speaking on condition of anonymity about ongoing talks, said the administration was having constructive discussions with both Republicans and Democrats and that Trump wanted the government to remain open and for Homeland Security services to be funded.
The DHS funding fight could have broader consequences beyond ICE and U.S. Customs and Border Protection. Thune said last week that a shutdown could mean “more travel problems” like those seen during the 43-day government closure last year. Republicans have said they would try to pass a short extension while negotiations continue, but many Democrats said they are unlikely to support another stopgap extension.
Marking how narrow the timeline is, Democrats said they viewed the next response from Republicans as critical before funding decisions are made. Jeffries said Monday, “The ball is in the Republicans’ court,” as negotiations continued with the department’s funding set to expire this weekend.