Senate blocks DHS funding bill again as shutdown enters fourth week

The deadlock reflects an unresolved dispute over immigration enforcement authority: Democrats are conditioning DHS funding on new operational constraints for ICE and Border Patrol, citing the killing of ICU nurse Alex Pretti by Border Patrol officers in Minneapolis, while Republicans have declined to accept those terms and negotiations have produced little visible movement.

WASHINGTON — The Senate on Thursday failed to advance legislation funding the Department of Homeland Security, with a procedural vote of 51-45 falling well short of the 60-vote threshold required to proceed. The House passed the same measure 221-209 earlier in the day, but without a path forward in the Senate, any resolution will require bipartisan compromise to end a DHS shutdown that began Feb. 14.

Republicans invoked the ongoing war in Iran and the risk of retaliatory attacks on U.S. soil to press Democrats to back the bill. Democrats blocked it, saying they would not fund Immigration and Customs Enforcement or Customs and Border Protection without new operational constraints — a position they have held since Border Patrol officers killed ICU nurse Alex Pretti in Minneapolis.

Sen. John Barrasso of Wyoming, the No. 2 Republican in the Senate, said Democrats would bear responsibility for any future missed cyberattack or domestic terrorist strike.

“Blood will be on their hands,” Barrasso said on the Senate floor.

Rep. Jim McGovern, D-Mass., rejected Republicans’ framing.

“It’s the same lousy, rotten bill that does not put any guardrails or constraints on ICE or CBP after federal agents shot American citizens in the street,” McGovern said.

Noem Fired Moments Before the Vote

Moments before the Senate voted, senators received word that President Donald Trump had fired DHS Secretary Kristi Noem. Senate Democratic leader Chuck Schumer offered a terse response.

“Good riddance,” Schumer said. “But the problems at ICE transcend any one individual.”

Democrats said the cabinet change did not alter their position.

Costs of the Shutdown Mount

Congress has completed work on 11 of this year’s 12 appropriations bills; only the DHS measure remains unresolved. Republicans argued the timing could not be worse given the conflict in Iran.

“Like Democrats’ first shutdown a few months ago, this shutdown is causing a lot of financial stress, uncertainty, and pain for hardworking Americans,” Senate Majority Leader John Thune said. “It’s also making it harder for those working to keep America safe.”

Most DHS employees are considered essential and continue to work, but many are beginning to miss portions of their paychecks. Republicans also warned that unscheduled absences among Transportation Security Administration agents could lengthen airport wait times. The Cybersecurity and Infrastructure Security Agency has canceled assessments of critical infrastructure vulnerabilities, and Federal Emergency Management Agency training for first responders has been halted.

Sen. Katie Britt of Alabama cited a mass shooting last weekend in Austin, Texas, as evidence of a heightened threat environment.

“We know this couldn’t come at a more dangerous time,” Britt said.

Democrats’ Conditions

Democrats are seeking several operational changes as a condition of funding: a prohibition on ICE enforcement at sensitive locations such as schools and churches, a requirement that judges sign warrants before agents can forcibly enter private homes without consent, authorization for independent investigations into alleged misconduct, and a requirement that agents wear identification and not cover their faces.

The Republican-backed bill does include a bipartisan provision directing resources toward de-escalation training and $20 million to equip immigration enforcement agents with body-worn cameras.

Sen. Patty Murray of Washington, the top Democrat on the Senate Appropriations Committee, offered an alternative bill that would fund all DHS agencies except ICE, Customs and Border Protection, and the secretary’s office. The Senate rejected it.

“We are not asking for the moon,” Murray said. ”… There is nothing extreme about ICE and Border Patrol following the same standards as everyone else when it comes to use of force or needing a warrant before smashing in someone’s window and dragging them away.”

Negotiations Stalled

Schumer acknowledged that talks between the White House and congressional Democrats have so far produced no resolution.

“Look, we’re still far apart, but we’re negotiating and exchanging paper back and forth,” Schumer said.