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Top Dems in Congress list ICE constraints they want in funding bill

A demonstrator waves a red cloth as hundreds gather after ICE agent Jonathan Ross shot and killed Renee Good through her car window Wednesday, Jan. 7, 2026 near Portland Avenue South and East 34th Street in Minneapolis. (Photo by Nicole Neri/Minnesota Reformer)

A demonstrator waves a red cloth as hundreds gather after ICE agent Jonathan Ross shot and killed Renee Good through her car window Wednesday, Jan. 7, 2026 near Portland Avenue South and East 34th Street in Minneapolis. (Photo by Nicole Neri/Minnesota Reformer)

WASHINGTON — The top two Democrats in Congress on Wednesday outlined their proposal for restrictions on immigration enforcement, including body cameras and a ban on masks, though they had no details to share about when actual negotiations would begin.

Lawmakers from both political parties have less than two weeks to find a solution before the stopgap law funding the Department of Homeland Security expires Feb. 13, which could force all of its components, including the Coast Guard and Federal Emergency Management Agency, into a shutdown. However, Immigration and Customs Enforcement still has access to $75 billion in funding included in the massive tax cuts and spending package signed into law last year.

House Minority Leader Hakeem Jeffries, D-N.Y., said the offer that he and Senate Minority Leader Chuck Schumer, D-N.Y., were sending to Republicans was the result of “a very productive discussion.”

“Dramatic changes are necessary at the Department of Homeland Security with respect to its enforcement activities so that ICE and other agencies are conducting themselves like every other law enforcement agency in the country, not in so many instances in a rogue or lawless manner,” Jeffries said. 

Democrats will insist that federal immigration agents: 

  • Wear body cameras
  • Only wear masks to conceal their identities in “extraordinary and unusual circumstances”
  • Do not undertake roving patrols
  • Do not detain people in certain locations, like houses of worship, schools, or polling places
  • Do not engage in racial profiling
  • Do not detain or deport American citizens 

Jeffries said that judicial, as opposed to administrative, warrants should be required “before everyday Americans are ripped out of their homes or snatched out of cars violently.

“The Fourth Amendment is not an inconvenience, it’s a requirement embedded in our Constitution that everyone should follow.”

That amendment states the government shall not violate the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that warrants can only be issued with probable cause.  

Administrative warrants are not signed by a judge, but approved by ICE officers themselves. Under U.S. immigration law, ICE also has some authority to conduct warrantless arrests if an immigration officer comes across a person suspected to be in the country unlawfully and believes that person will escape before a warrant can be obtained. 

Accountability measures

Democrats will also press Republicans to agree to what Schumer described as “real accountability.”

“There’s got to be outside, independent oversight by state and local governments, by individuals,” Schumer said. “And there’s got to be a right to sue, there’s got to be a right to go to court and stop this.” 

Schumer criticized Speaker Mike Johnson, R-La., for saying that immigration agents should be able to wear masks, referring to them as “secret police” who need “to be identified more than any other group.”

“I would bet when Speaker Johnson goes down to Louisiana, the sheriffs and the police deputies are well identified, as they are in almost every city,” he said. 

When pressed about Johnson saying Republicans wouldn’t agree to require judicial warrants, Jeffries said the speaker had “articulated unreasonable positions.”

“He’s actually supporting the notion that masked and lawless ICE agents should be deployed in communities throughout America,” Jeffries said. “Mike Johnson called the Fourth Amendment an inconvenience. It’s not an inconvenience. It’s part of the fabric and DNA of our country, just like the First Amendment, yes even the Second Amendment, the 10th Amendment, the Fourth Amendment.

“We’re standing up for all of these constitutional privileges that have been part of who we are since the very beginning.” 

Negotiation timeline

Schumer said during the press conference that Democrats from the House and Senate were prepared to begin negotiations with Republicans, but would insist on changes “to rein in ICE in very serious ways.”

“If they’re not serious and they don’t put in real reform, they shouldn’t expect our votes, plain and simple,” he said.

Schumer appeared somewhat skeptical that Alabama Republican Sen. Katie Britt, whom Senate Majority Leader John Thune, R-S.D., put forward as their top negotiator, was truly empowered to cut a deal on behalf of every GOP senator. 

Britt, chairwoman of the Homeland Security Appropriations Subcommittee, told reporters Wednesday that she expects lawmakers will need to approve another stopgap spending bill for the department, signaling she doesn’t expect a deal within the next two weeks. 

“We need a little more time, so hopefully (Democrats) see the good effort that we’ve made … and we’ll have another CR,” she said, referring to the technical name for a short-term funding bill, a continuing resolution. 

Britt did not say how long that temporary funding measure for the Department of Homeland Security would last.

Any spending bill, whether short or long, will need Democratic support to move through procedural votes in the Senate. 

Congress has approved 11 of the 12 annual funding bills, so DHS would be the only part of the federal government to shut down if lawmakers cannot approve its full-year bill or another stopgap measure before its funding expires.

Trump signs funding bill, setting up immigration enforcement debate

President Donald Trump signs a government funding bill in the Oval Office of the White House on Feb. 3, 2026. (Photo by Alex Wong/Getty Images)

President Donald Trump signs a government funding bill in the Oval Office of the White House on Feb. 3, 2026. (Photo by Alex Wong/Getty Images)

WASHINGTON — The partial government shutdown that began this weekend ended Tuesday when President Donald Trump signed the funding package that both chambers of Congress approved within the last week. 

“We’ve succeeded in passing a fiscally reasonable package that actually cuts wasteful federal spending while supporting critical programs for the safety, security and prosperity for the American people,” Trump said in the Oval Office.

The House voted 217-214 earlier in the day to clear the package for Trump following a tumultuous couple of weeks on Capitol Hill after it had stalled in the Senate. Democrats demanded additional restraints on immigration enforcement in reaction to the shooting death of a second U.S. citizen in Minneapolis. 

Trump and Senate Minority Leader Chuck Schumer, D-N.Y., reached agreement last week to pull the full-year appropriations bill for the Department of Homeland Security and replace it with a two-week stopgap measure.

That is supposed to give leaders in Congress and the administration a bit of time to find consensus on changes to how immigration officers operate.

Trump did not say if he agreed with any of the proposed changes to immigration enforcement floated by Democrats. 

“I haven’t even thought about it,” Trump said. 

Speaker Mike Johnson, R-La., said during a morning press conference he wants negotiations to address local and state governments that don’t cooperate with federal immigration enforcement activities, often called sanctuary cities. 

“What must be a part of that discussion is the participation of blue cities in federal immigration enforcement,” he said. “You can’t go to a sanctuary city and pretend like the law doesn’t apply there. It does and so we are going to be working through all that.” 

Administrative warrants debate

Johnson said GOP lawmakers would not agree to require federal immigration agents to secure judicial warrants in order to detain people, one of several proposals Democrats have put forward.

“We are never going to go along with adding an entirely new layer of judicial warrants because it is unimplementable,” he said. “It cannot be done and it should not be done and it’s not necessary.” 

Johnson, a constitutional lawyer, said those administrative warrants are “sufficient legal authority to go and apprehend someone.”

When pressed if that type of warrant is enough to enter someone’s home without violating the Fourth Amendment, Johnson said that a “controversy has erupted” over what immigration agents should do when someone they’re trying to detain enters a private residence. 

“What is Immigration and Customs Enforcement supposed to do at that point? ‘Oh gee whiz, they locked the door. I guess we’ll just go on.’ So there is some logic and reason that is to be applied here,” Johnson said. “Some have complained that the force has been excessive or what have you. I don’t know. We’re going to figure that out. It’s part of the discussion over the next couple weeks.”

Johnson said GOP negotiators will also make sure Congress maintains “important parameters” on immigration law and enforcement.  

“We can’t go down the road of amnesty, you can’t in any way lighten the enforcement requirement of federal immigration law,” he said. “That’s what the American people demand and deserve.”

Senators ‘ready to work’

Senate Majority Leader John Thune said during an afternoon press conference that Alabama Sen. Katie Britt, chairwoman of the Homeland Security Appropriations Subcommittee, would lead negotiations for Republicans in that chamber. 

“Katie Britt will lead that on our side, but ultimately, that’s going to be a conversation between the President of the United States and (Senate) Democrats,” Thune, a South Dakota Republican, said. 

During an afternoon press conference, Schumer said that “Thune has to be a part of these negotiations.” 

Schumer said that Democrats are going to detail their proposals to Republicans in the House, Senate and White House.

“If Leader Thune negotiates in good faith, we can get it done,” Schumer said of the Homeland Security funding bill. 

Sen. Patty Murray, D-Wash., who serves as ranking member on the Senate Committee on Appropriations, said Senate Democrats are “ready to work.”

“We have a proposal ready. We’re going to start moving no matter who they (pick) at the end of the day, and the White House needs to be involved,” Murray said.

Sen. Lisa Murkowski, R-Alaska, said there are “a whole bunch” of proposals.

“The House had to do what they had to do … which is great. And what we now have to do is figure out what’s this universe of reforms that we can come to consensus on,” said Murkowski, who issued a statement last week declaring her support for “meaningful reforms” for ICE.

‘Most basic duty’ of Congress

Connecticut Rep. Rosa DeLauro, the top Democrat on the Appropriations Committee, said during floor debate on the government spending package that clearing the legislation was the best way to move into negotiations about immigration enforcement.

“We will be in the strongest possible position to fight for and win the drastic changes we all know are needed to protect our communities — judicial warrant requirements, no more detentions or deportations of United States citizens, an enforceable code of conduct, taking off the masks, putting the badges on, requiring the body cameras, real accountability for the egregious abuses we have seen,” she said.

House Appropriations Committee Chairman Tom Cole, R-Okla., said funding the government “is not an optional exercise, it’s the most basic duty we have in Congress.”

“Shutdowns are never the answer, they don’t work,” he said. “They only hurt the American people. So today lawmakers in this chamber have an opportunity to avoid repeating past mistakes.”

In addition to providing two more weeks of funding for the Department of Homeland Security, the $1.2 trillion spending package holds full-year appropriations bills for the departments of Defense, Education, Health and Human Services, Housing and Urban Development, Labor, State, Transportation and Treasury. The Senate voted 71-29 on Friday evening to send the package to the House.

Congress had already approved half of the dozen annual appropriations bills for the fiscal year that began back on Oct. 1. 

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