U.S. Reps. Kelly Morrison, Ilhan Omar and Angie Craig of Minnesota, all Democrats, arrive outside of the regional ICE headquarters at the Bishop Henry Whipple Federal Building on Jan. 10, 2026, in Minneapolis, Minnesota. The lawmakers attempted to access the facility where the Department of Homeland Security has been headquartered in the state. (Photo by Stephen Maturen/Getty Images)
WASHINGTON — A federal judge Monday temporarily blocked a Department of Homeland Security policy that instituted a seven-day notice requirement for members of Congress to conduct oversight visits at facilities that hold immigrants, finding it likely violates appropriations law that allows for unannounced visits.
The order from Judge Jia Cobb of the District Court for the District of Columbia rejects initial arguments from the Trump administration that the separate funding stream from the tax cuts and spending package passed last year circumvents a 2019 appropriations law that allows for unannounced oversight visits to those facilities from lawmakers.
Members of Congress sued the government over the policy from Homeland Security Secretary Kristi Noem.
“Throughout this litigation, Defendants have emphasized the vast amount of money appropriated to DHS and ICE under the (One Big Beautiful Bill Act). The Court agrees that these funds are indeed staggering,” Cobb said. “But the power of the purse rests with Congress, and even a deep-pocketed agency must comply with Congress’s restrictions on the permissible uses of appropriated funds.”
The Department of Justice appealed the decision shortly after the order was given.
DHS shutdown
Monday’s decision came amid a partial government shutdown of DHS over Democrats’ concerns about enforcement tactics used by immigration agents following the deaths of two U.S. citizens in Minneapolis.
The group representing the 13 members of Congress who filed suit, Democracy Forward, praised the decision.
“Today’s ruling makes it clear that Secretary Noem cannot operate detention facilities in the shadows or silence elected officials who are doing their jobs,” Skye Perryman, president and CEO of Democracy Forward, said in a statement. “The court has once again affirmed that oversight is not optional, transparency is not negotiable, and human rights do not disappear at the doors of a detention center.”
The 13 Democratic members of Congress who sued included: Joe Neguse of Colorado, Adriano Espaillat of New York, Kelly Morrison of Minnesota, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
This policy is the third from Noem to require members of Congress to notify the agency to conduct an oversight visit. A 2019 appropriations law, referred to as Section 527, allows any member of Congress to carry out an unannounced visit to a federal facility that holds immigrants.
Immigration and Custom Enforcement officers detain an observer after they arrested two people from a residence on Jan. 13, 2026, in Minneapolis. (Photo by Stephen Maturen/Getty Images)
WASHINGTON — President Donald Trump repeated his hardline stance on immigration during his record-long State of the Union on Tuesday, previewing a potential midterm campaign message as his party faces an uphill battle to keep a majority in the House.
“The first duty of the American government is to protect American citizens, not illegal aliens,” Trump said.
His nearly two-hour speech before Congress came on the 11th day of a partial government shutdown affecting the Department of Homeland Security. He called on Democrats to immediately fund the agency.
Democrats have refused to approve new funding for DHS unless changes are made to enforcement tactics following the deaths of two U.S. citizens in Minneapolis at the hands of federal immigration officers.
Another vote to move forward on approving funding for DHS failed, 50-45, Tuesday mere hours before the president’s address to Congress.
Immigration enforcement has continued during the shutdown because the department has a separate funding stream Congress provided last year through the massive tax cuts and spending package.
Rhetoric remains
Despite the controversy the months-long immigration operation in Minneapolis has created, Trump defended the operation and his views on immigration more generally, possibly signalling he does not plan to tone down his rhetoric in an election year.
He made racist remarks about the Somali refugee population in Minneapolis, referring to them as “Somali pirates” and accusing them of widespread fraud.
He blamed the Biden administration for “importing these cultures through unrestricted immigration and open borders.”
“We will take care of this problem,” he said.
Trump also made another racist remark that immigrants “don’t speak English,” and called on Congress to pass legislation to bar immigrants in the country without legal authorization from obtaining commercial drivers licenses.
He also called for Congress to end so-called sanctuary cities, local jurisdictions that have policies to bar cooperation with the federal government’s immigration enforcement.
Trump also called for Congress to pass a national voter ID requirement law to require proof of citizenship to register to vote in federal elections.
The president did give a passing endorsement of legal immigration, saying early in the speech he would “always allow people to come in legally, people that will love our country and will work hard to maintain our country.”
Many of the groups he has targeted as president, though, including Minnesota’s Somali population, have legal authorization to be in the country.
Padilla blasts Trump approach
Democrats have seized on the unpopularity of the Trump administration’s immigration crackdown, where residential areas have experienced masked immigration agents and roving patrols.
In a rebuke to Trump’s Speech, California Sen. Alex Padilla gave the Democratic response that aired across Spanish networks.
“This country has always been shaped by people who were told they did not belong, but who persevered and kept moving forward,” he said in Spanish.
Last summer, federal law enforcement officials forcibly removed and handcuffed Padilla at a press conference by Homeland Security Secretary Kristi Noem in Los Angeles during protests against the Trump administration’s immigration crackdown in the city.
The incident represented a stark escalation of tensions between Democrats and the Trump administration after the president ordered 4,000 National Guard troops and 700 Marines to quell the protests in Los Angeles.
After Padilla, California’s first Latino senator, was released, he gave an emotional speech on the Senate floor that accused the president of using his home state as a testing ground for deploying the U.S. military domestically.
In his response Tuesday, he addressed the incident at the Noem press conference.
“They may have knocked me down for a moment, but I got right back up,” Padilla said. “As our parents taught us, if you fall seven times, get up eight. I am still here. Standing. Still fighting. And I know you are still standing and still fighting too.”
President Donald Trump, surrounded by people who have lost relatives to a crime committed by an immigrant, holds up a proclamation dedicating Feb. 22 as "Angel Family Day" during a ceremony held in the East Room of the White House on Feb. 23, 2026. (Photo by Win McNamee/Getty Images)
WASHINGTON — President Donald Trump signed a proclamation Monday to honor families whose loved ones were killed by noncitizens, but spent most of the event complaining about his approval ratings and amplifying the falsehood that the 2020 presidential election was stolen from him.
While signed Monday, the proclamation designated the day earlier as one to honor such families, coinciding with the anniversary of the killing of Georgia nursing student Laken Riley on Feb. 22, 2024, by a Venezuelan immigrant. The man was found guilty and sentenced to life in prison for her murder.
The White House event came on the eve of Trump’s State of the Union, where he is expected to not only address immigration policy – as the Department of Homeland Security has been shut down since Feb. 14 – but also last week’s Supreme Court decision that found he exceeded his authority for tariffs.
Congress is gridlocked on approving annual funding for DHS after an immigration enforcement surge in Minneapolis resulted in the deaths of two U.S. citizens last month.
Trump criticized Minneapolis Mayor Jacob Frey on Monday for calling for an end to the immigration enforcement operation in his city after Renee Good was shot and killed by a federal immigration officer on Jan. 7.
“I watched these people saying, ‘we want to protect murderers,’” Trump said, mischaracterizing state and local officials’ positions against aggressive immigration enforcement. “I don’t get it, there’s something sick. They’re sick. Can’t have a country like that.”
After the second killing, of Alex Pretti on Jan. 24, congressional Democrats withheld support for DHS funding unless constraints could be placed on immigration enforcement tactics.
The proclamation reaffirms the Trump administration’s commitment to its mass deportation campaign, citing the need due to crime committed by noncitizens. Multiple studies have shown that immigrants in the U.S. commit crimes at a lower rate than the U.S. born population, according to the Migration Policy Institute, a think tank that studies migration.
Trump largely blamed former President Joe Biden’s immigration policy for creating a crisis.
“They let in everybody,” he said. “They didn’t check anybody.”
Questioning polls
Trump also expressed anger at various polls on his approval rating. Some, such as one by CNN, have shown Trump’s disapproval at more than 60% with approval ratings below 40%, marking the worst numbers of his second term.
“Fake polls,” Trump said, without offering evidence. “They were fake polls, because polls are tough. I saw one today that I’m at 40%. I’m not at 40%. I’m at much higher than that. The real polls say ‘you kill everybody.’ It wouldn’t even be close. But you go through the fake polls, you go through the fake stories.”
Trump also falsely stated that the 2020 presidential election was stolen from him, despite then-Attorney General William Barr stating the election was secure and there was no widespread voter fraud. Trump also lost dozens of court cases attempting to challenge the election results.
Trump goaded a mob of his supporters to attack the U.S. Capitol on Jan. 6, 2021, in an effort to stop Congress from certifying Biden’s election.
“It was a rigged election by millions and millions of votes, a guy that never left his basement,” Trump said of Biden, who won the election at the height of the coronavirus pandemic. “Covid was a little bit of a shield. We had a lot of things going on, but it was rigged by millions of votes. We did great in that election. If that election wasn’t rigged, every single one of the people in this room right now would not be here. You’d be home with your son, daughter, family. We had a strong border.”
Trump also falsely stated that he was a victim of voter fraud in the 2024 presidential election, but that he still won because “it was too big to rig.”
“They cheated like hell,” he said of Democrats.
He criticized mail-in ballots and said it benefited Democrats. Trump said because of that, a national voter ID law is needed, and he pushed for Congress to pass the SAVE Act, which requires proof of citizenship, among other things.
“They won’t approve voter ID,” he said of Democrats. “They won’t approve proof of citizenship. They won’t approve no mail-in ballots, even though they know it’s crooked as hell.”
Support for Trump immigration agenda
The families, referred to as angel families, have had various loved ones killed by a person who was not a U.S. citizen. In response, they have lobbied for immigration restrictions.
“I’m sick and tired of hearing these Democratic politicians stand up on these podiums and say how sorry they are for seeing these criminal illegal aliens being ripped apart from their families,” said Jody Jones, whose brother was shot and killed by an immigrant. “What about us? What about the American family?”
Several other family members spoke, including Riley’s mother, Allyson Phillips. One of the first bills that Trump signed in his second term was a mandatory detention bill for immigrants charged and arrested on petty crimes that was named for Riley.
Her murder set off a national debate about immigration during the 2024 presidential campaign because the man charged with her murder, came into the country in 2022, during Biden’s term.
“Laken was the most responsible, hard-working, kind, selfless, beautiful Christian, and she wasn’t somebody that put herself in bad positions,” Phillips said.
Some of the family members who spoke also expressed their belief that the 2020 presidential election was stolen.
Marie Vega, whose son was shot and killed by an immigrant, said she was excited when the 2024 presidential election results came in. She said she fully supports the president and repeated an abbreviation for Trump’s political movement known as Make America Great Again.
“Although you were cheated out of the second term — by the way, you won that election as well, and we know it — I knew the third term was going to be epic,” she said. “And here we are. MAGA.”
Federal agents stage at a front gate as Reps. Ilhan Omar, Kelly Morrison and Rep. Angie Craig, all Minnesota Democrats, attempt to enter the regional Immigration and Customs Enforcement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. The House members were briefly allowed access to the facility where the Department of Homeland Security has been headquartering operations in the state. (Photo by Stephen Maturen/Getty Images)
WASHINGTON — As they seek to curb President Donald Trump’s aggressive approach to immigration enforcement, congressional Democrats are looking to formalize some guidelines previous administrations used.
Of the 10 policy proposals Democratic leaders offered in negotiations to reopen the Department of Homeland Security, which has been in a funding lapse since Feb. 14 in the midst of widespread uproar over the fatal shootings of two U.S. citizens by immigration officers in Minneapolis last month, seven have been employed in at least some form by previous administrations.
Democrats are asking the Trump administration to reinstate policies it has rejected in its controversial push to carry out mass deportations. Prior policies Democrats want to formalize include use-of-force standards, allowing unannounced visits by members of Congress to facilities that detain immigrants and obtaining judicial warrants before entering private residences.
“Many of the things the Democrats are asking for are to revert to prior policies,” said Theresa Cardinal Brown, a senior DHS official during the George W. Bush and Barack Obama administrations. “Some of them are responding to the ways this administration is carrying out its operations that previous administrations did not.”
Formalizing the policies in law, as part of a deal to pass a fiscal 2026 funding bill for the department, would make them more permanent.
“Policies and guidance … apply as the current leadership applies them,” Cardinal Brown said. “They’re not absolutes, and they can be changed much more frequently.”
But an agreement between congressional Democrats and the White House on changes to immigration enforcement appears elusive. The White House’s response to the proposals was “incomplete and insufficient,” House Minority Leader Hakeem Jeffries and Senate Minority Leader Chuck Schumer said in a Feb. 9 statement.
No recent movement on negotiations
Democrats late Monday sent over a counterproposal to Republicans and the White House, but did not make public what those changes were, according to a statement from party leaders.
While there is bipartisan support for some of the proposals, like requiring body-worn cameras, others, such as barring immigration agents from wearing face coverings and requiring judicial warrants to enter private property, have been rejected outright by the Trump administration.
A White House official said the “Trump Administration remains interested in having good faith conversations with the Democrats.”
“President Trump has been clear – he wants the government open,” according to the White House official.
Even with the department shut down, immigration enforcement will continue, due to $170 billion in funding in the massive tax cuts and spending package Trump signed into law last year.
Democrats’ proposals do not include consequences if DHS doesn’t comply, which raises an issue of effectiveness, said Heidi Altman, vice president of policy at the National Immigration Law Center, an advocacy group that aims to provide free or low-cost legal services for immigrants.
“When Congress is negotiating policy measures, are they also putting teeth to those policy measures, and are they yanking away the funds that we know ICE and CBP will use to violate guardrails to begin with?” Altman said.
Changes demanded after Minneapolis deaths
After Renee Good was shot and killed by immigration officer Jonathan Ross on Jan. 7, lawmakers amended the Homeland Security funding bill to add guardrails, such as appropriating $20 million for body cameras and adding a requirement for DHS to report how funds from the tax cuts and spending package are being spent.
But a second death in Minnesota, that of intensive care unit nurse Alex Pretti on Jan. 24, spurred Democrats to reject funding for DHS without stronger policy changes to the enforcement tactics used by immigration officers at U.S. Immigration and Customs Enforcement and Customs and Border Protection.
Only three of the 10 proposals from Schumer and Jeffries, both of New York, would be entirely new.
They are: prohibiting ICE and other immigration enforcement agents from wearing face coverings, barring racial profiling after the Supreme Court cleared the way for the practice last year, and standardizing uniforms of DHS agents.
The heads of ICE and CBP rejected Democrats’ request to have their immigration officers forgo face coverings when asked during an oversight hearing before the House Homeland Security Committee last week.
Acting ICE Director Todd Lyons and CBP Commissioner Rodney Scott, along with congressional Republicans, have argued that masks and face coverings prevent their officers from being doxed.
Local cooperation
Other proposals, including barring of immigration enforcement of so-called sensitive locations such as religious places, child care facilities, hospitals and schools, would expand previous DHS guidance that restricted enforcement in such places.
The Democratic proposal calls for enforcement to be prohibited at those sensitive locations. Prior guidance allowed for the practice on a limited basis.
Then-acting ICE Director Caleb Vitello rescinded the policy shortly after President Donald Trump took office in January last year. There are several lawsuits brought by religious groups challenging the move by the Trump administration.
A requirement that immigration officials gain permission from local and state governments before undertaking large enforcement operations like the one in Minneapolis would build on previous policies of federal-local cooperation.
But that measure would be a long shot, Cardinal Brown said.
“I think that’s going to be a hard one,” she said. “The federal government has the authority to enforce immigration law anywhere in the country it wishes.”
She said a more realistic option would be for the federal government to inform or coordinate with local authorities for large-scale immigration operations.
Another proposed requirement that DHS officials present identification also builds on a previous policy.
Another proposal builds on DHS policy of targeted enforcement by ending “indiscriminate arrests,” without warrants.
Under current immigration law, if an officer encounters a person believed to be in the U.S. unlawfully and can escape before a warrant is obtained, a warrantless arrest is lawful.
Democrats want to increase standards on the forms ICE uses to authorize an arrest. These administrative forms are not signed by a judge but instead by an ICE employee.
An internal ICE memo, obtained by The Associated Press, showed that Lyons instructed ICE agents to enter private residences without a judicial warrant – a departure from longstanding DHS policy.
“This judicial warrant issue is so disturbing,” said Ben Johnson, executive director of the American Immigration Lawyers Association, or AILA.
He said the question of whether a warrant is needed to enter private property was already decided under the Constitution’s Fourth Amendment.
“The fact that it’s being discussed now is really frightening,” Johnson said.
Body cameras
Providing funds for DHS to acquire body cameras for immigration officers is one proposal Democrats and Republicans seem to have agreed on.
Earlier this month, DHS Secretary Kristi Noem announced that body cameras would be provided to all immigration agents in Minneapolis, and said that as “funding is available, the body camera program will be expanded nationwide.”
During an oversight hearing on Capitol Hill, Lyons said about 3,000 ICE officers currently have body cameras with another 6,000 cameras on the way. Scott said roughly 10,000 Border Patrol agents, about half the total force, have body cameras.
But body cameras are not a guarantee against misconduct, Altman said.
CBP officials were wearing body cameras when Pretti was shot and killed. Scott said that footage would be released after the investigation is over.
“We see officers in the field right now wearing body-worn cameras engaging in abuse and violence on the daily,” Altman said.
Oversight visits
One of the proposals would also end a DHS policy to require members of Congress to provide seven-day notice of oversight visits at facilities that hold immigrants, despite a 2019 appropriations law that allows for unannounced visits.
On the day funding for DHS lapsed, Feb. 14, the Department of Justice submitted a brief, noting that because of the shutdown, unannounced oversight visits by lawmakers can be denied.
The administration argued that during the shutdown, immigration enforcement has been funded by the tax cuts and spending bill, which does not include language allowing unannounced visits, rather than regular appropriations.
“There is no lawful basis for the Court to enjoin Defendants’ conduct so long as the restricted funds have lapsed,” according to the document.
Kentucky Gov. Andy Beshear waves to the audience after delivering his State of the Commonwealth address on Jan. 7, 2026, in Frankfort. (Photo by Arden Barnes/Kentucky Lantern)
WASHINGTON — Kentucky Gov. Andy Beshear’s faith calls him to address hunger, health access and community care, he said during an event Thursday at the progressive Center for American Progress that previewed a potential campaign in the 2028 cycle.
The Trump administration has “hijacked” faith, the Democrat said, leading to harm instead of helping people. He pointed to the repercussions of the major tax cuts and spending package Republicans passed last year that paid for tax cuts by making changes to food assistance and health care that will result in millions of people losing access to those safety nets.
“Are we using faith to help people or to hurt people?” he said. “It’s that simple.”
More than 100,000 people are expected to be kicked off SNAP and 25 rural hospitals are at risk of closing in Kentucky alone, he said.
“The reason why I talk about faith is it motivates me. (It’s) why I’m willing to get up no matter how mean and cruel the world has gotten and fight to make it just a little bit better,” he said.
Upcoming White House bid?
Beshear, 48, is widely expected to make a presidential run in 2028, and did not rule out a bid when members of the audience asked how he would govern if he won the presidency.
Like previous presidential hopefuls, he’s gearing up for a book tour. He told the think tank his upcoming book explores how his Christian faith has led him through challenging times as governor, from the beginning of the coronavirus pandemic to deadly tornadoes, and how he believes those values can heal the deep polarization of the country.
“In the end, where we’ve got to go is … I hope that you would say that you are an American long before you’d say you are a Democrat or Republican,” Beshear said.
Beshear was a top candidate for 2024 Democratic nominee Kamala Harris’ running mate before she selected Minnesota Gov. Tim Walz.
Immigration
An audience member asked Beshear how he would address immigration if he were president. The issue has dominated political discourse since the deadly shootings of two U.S. citizens by federal immigration agents in Minneapolis last month.
Beshear said that every federal immigration officer needs to be retrained, and he expressed concerns about what he called constitutional violations, such as agents entering private residences without a judicial warrant.
“What we see with (Immigration and Customs Enforcement) is an out-of-control law enforcement agency,” he said. “They are so overly aggressive compared to any other law enforcement group in the nation.”
He said enforcement operations like the one in Minneapolis “will continue in other places if the current leadership continues and if they are not fully retrained.”
Beshear said the country needs comprehensive immigration reform that addresses long-term undocumented immigrants in the country and also provides a steady workforce.
“I think that there is a reasonable way to go forward on immigration,” he said.
RFK as campaign model
Another audience member asked Beshear if a potential 2028 Democratic presidential run would resemble Robert F. Kennedy’s 1968 campaign style that aimed to unite the country deeply divided in the midst of the Vietnam War, massive poverty and the Civil Rights Movement. Kennedy was a top candidate for the Democratic nomination before his June 1968 assassination.
Beshear said he would.
“Absolutely,” he said. “When I think about his campaign … you think about hope, you think about connection. He made you feel that progress was possible, that we could go up against huge adversaries like poverty and we could do better.”
Kilmar Abrego Garcia speaks to people who held a prayer vigil and rally on his behalf outside the Immigration and Customs Enforcement building in Baltimore, Maryland, on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)
WASHINGTON — A federal judge in Maryland Tuesday barred U.S. Immigration and Customs Enforcement from re-detaining Kilmar Abrego Garcia, saying the Trump administration lacks plans to remove him from the United States.
“Respondents have done nothing to show that Abrego Garcia’s continued detention in ICE custody is consistent with due process,” District of Maryland Judge Paula Xinis wrote in her order.
Tuesday’s order solidifies a temporary decision from Xinis last year that blocked immigration officials from re-detaining him.
Abrego Garcia is a Salvadoran immigrant and longtime Maryland resident whose wrongful deportation to a brutal megaprison last year cast a national spotlight on the Trump administration’s aggressive immigration crackdown.
His case has remained a focal point for the Trump administration, which brought Abrego Garcia back to the U.S. to face criminal charges lodged against him stemming from a traffic stop in Tennessee.
Those charges were made while Abrego Garcia remained imprisoned in El Salvador, and after the Supreme Court found his deportation unlawful and said the Trump administration should facilitate his return.
Abrego Garcia has pleaded not guilty to those charges of human smuggling and that case continues.
Since Abrego Garcia was brought back to the U.S., the Trump administration has tried to deport him to a third country, because he has deportation protections from his home country of El Salvador. An immigration judge in 2019 found he would likely face violence if returned there.
Costa Rica has offered to accept Abrego Garcia as a refugee and he has agreed to be removed there, but the Trump administration has tried to deport him to three African countries: Liberia, Eswatini and Uganda.
“Indeed, since Abrego Garcia secured his release from criminal custody in August 2025, Respondents have made one empty threat after another to remove him to countries in Africa with no real chance of success,” Xinis wrote.
Xinis added that because the Trump administration has not secured any travel documents for a third country of removal for Abrego Garcia, his detention would be unlawful. The Supreme Court deemed that immigrants cannot be held longer than six months in detention if the federal government is not actively making efforts to remove them.
“From this, the Court easily concludes that there is no ‘good reason to believe’ removal is likely in the reasonably foreseeable future,” she wrote.
Abrego Garcia remains in Maryland with his wife, a U.S. citizen, and their three children.
A security officer stands outside Immigration and Customs Enforcement headquarters during a protest on Feb. 3, 2026 in Washington, D.C. (Photo by Heather Diehl/Getty Images)
WASHINGTON — The second partial government shutdown in 2026 began at 12:01 a.m. Saturday, after lawmakers left the nation’s capital without reaching a deal on changes to immigration enforcement tactics at the Department of Homeland Security.
The department’s shutdown is also likely to go on for some time. With Congress out next week for the Presidents Day recess, lawmakers are not expected back on Capitol Hill for votes until Feb. 23.
A procedural vote to approve funding for the Homeland Security bill for fiscal year 2026 failed Thursday to gain support from Senate Democrats because constraints to immigration enforcement were not included, such as an end to agents wearing face coverings.
Even with the president’s border czar Tom Homan announcing Thursday the withdrawal of the thousands of federal immigration officers from Minneapolis, Democrats argued it’s not enough.
“Without legislation, what Tom Homan says today could be reversed tomorrow on a whim from (President) Donald Trump,” Senate Minority Leader Chuck Schumer, D-N.Y., said on the Senate floor Thursday.
Asked by the press pool Friday about cutting a deal on the shutdown, Trump said, “We’ll see what happens. We always have to protect our law enforcement.”
After the Senate vote failed 52-47, members of Congress emptied out of Washington for the recess. Some were off to Munich, Germany for a major security conference.
ICE still has cash at hand
While the agency Trump tasked with carrying out his mass deportation campaign of immigrants will shut down, enforcement will continue because Congress allocated a separate stream of money, about $75 billion for U.S. Immigration and Enforcement Services.
During last fall’s government shutdown, which lasted a record-breaking 43 days, immigration enforcement continued.
The other agencies within DHS that will be shut down but continue to operate because they include essential workers include the Federal Emergency Management Agency, the Secret Service, the Coast Guard and the Transportation Security Administration, and Cybersecurity and Infrastructure Security Agency, among others.
In general, any employees who focus on national security issues or the protection of life and property would continue to work through a shutdown, while federal workers who don’t are supposed to be furloughed.
Neither category of employees will receive their paychecks during the funding lapse, though federal law requires they receive back pay once Congress approves some sort of spending bill.
Democratic mayors call for GOP to accept proposals
Democrats have pushed for policy changes after federal immigration officers killed two U.S. citizens in Minneapolis, where a deportation drive is set to wind down after the city faced more than two months of aggressive immigration enforcment.
Renee Good was shot and killed by an immigration officer on Jan. 7, which prompted a bipartisan agreement to enact some guardrails, such as $20 million in funding for immigration agents to wear body cameras.
But a second killing by federal immigration officers, that of Alex Pretti on Jan. 24, prompted the Senate to decouple the Homeland Security measure from a package of spending bills, as Democrats floated proposals meant to rein in enforcement tactics, and prompted a four-day partial shutdown. A two-week funding patch was set for negotiations and it expires at midnight Friday.
Democratic mayors hailing from the major cities of Baltimore, Boston, Chicago, Denver, Los Angeles, Minneapolis, New Orleans and Portland, Oregon, Friday issued a letter that called on the top Republicans in Congress, Senate Majority Leader John Thune of South Dakota and House Speaker Mike Johnson of Louisiana, to accept the proposals before DHS entered a shutdown.
“When federal agents operate in our streets without identification, without warrants, and without accountability, that trust is shattered,” they wrote. “All of us agree that for so long as the agency exists, new funding for the Department of Homeland Security must be conditioned on the comprehensive 10-point framework released last week.”
Those policy suggestions include requiring immigration officers to not wear masks and identify themselves, which has drawn strong opposition from Republicans and the leaders of ICE and Customs and Border Protection who argue the face coverings prevent their agents from being doxxed.
Schumer and House Minority Leader Hakeem Jeffries, D-N.Y., sent the proposals over to the White House, but said the Trump administration’s response was “incomplete and insufficient in terms of addressing the concerns Americans have about ICE’s lawless conduct.”
According to the contingency plan for DHS, the agency expects about 20,000 employees out of 271,000 to be furloughed in the event of a government shutdown.
Secretary of Homeland Security Kristi Noem at a roundtable discussion with local ranchers and employees from U.S. Customs and Border Protection on Jan. 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)
WASHINGTON — Members of Congress on Thursday sought a ruling from a federal judge to block yet another Department of Homeland Security policy that required a notice for lawmakers to conduct oversight visits to immigration detention facilities.
The policy is the third from DHS Secretary Kristi Noem on the subject, and it is nearly identical to the previous two.
Noem’s policies put in place a new requirement that members of Congress must give DHS seven days notice before conducting an oversight visit at a facility that holds immigrants, despite a 2019 appropriations law that allows for unannounced visits by lawmakers.
On Feb. 2, U.S. District Judge Jia Cobb blocked a seven-day notification policy ordered by Noem one day after the deadly shooting of Renee Good by a federal immigration officer in Minneapolis on Jan. 7.
On the same day as Cobb’s ruling, Noem issued a nearly identical policy, after Democrats said they would refuse to approve new DHS funding unless changes in enforcement tactics were made following a second deadly shooting of Alex Pretti by two Customs and Border Protection officers.
With disagreement between both parties, and Thursday’s failed vote to move forward on funding the Homeland Security bill for fiscal year 2026, the agency will be shut down beginning early Saturday.
However, even if DHS is shut down, Immigration and Customs Enforcement still has $75 billion in funding due to the tax cuts and spending package signed into law last year.
Agency shutting down
Department of Justice attorneys on Thursday argued because DHS will be shut down, the appropriations law will expire by the end of the week and therefore the unannounced oversight provision for members of Congress will no longer be in effect.
An attorney for the members of Congress, Christine L. Coogle, rejected that argument and said just because the funds expire does not mean the law, which is a rider in the Homeland Security funding bill, does as well.
“The law itself does not expire,” she said. “And so the oversight rider remains on the books.”
Cobb said she would extend her temporary restraining order until March 2, or until she rules, whichever comes first.
Visits denied
Under a 2019 appropriations law, any member of Congress can carry out an unannounced visit to a federal facility that holds immigrants, referred to as Section 527. But in June, multiple Democrats were denied visits to ICE facilities, so they sued.
“What we’re really seeking here is a return to the status quo,” Coogle said in court Thursday.
In December, Cobb granted the request to stay Noem’s policy, finding it violated the 2019 law.
But in the second policy Noem issued on Jan. 8, she argued because the ICE facilities are using funds through the Republican spending and tax cuts law, known as the “One, Big Beautiful Bill,” and not the DHS appropriations bill, those facilities are therefore exempt from unannounced oversight visits by members of Congress.
Cobb earlier this month, rejected that argument from the Trump administration and temporarily blocked the policy for the plaintiffs in the case.
The House Democrats who sued include Joe Neguse of Colorado, Adriano Espaillat of New York, Kelly Morrison of Minnesota, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
A growing memorial stands Wednesday, Jan. 28, 2026 where Alex Pretti, 37, was shot and killed by Border Patrol agents days before at Nicollet Avenue and 26th Street in Minneapolis. (Photo by Nicole Neri/Minnesota Reformer)
WASHINGTON — The top leaders of the Senate Homeland Security and Governmental Affairs Committee showed a play-by-play video leading up to the fatal shooting in Minneapolis of Alex Pretti by Customs and Border Protection officers, as they grilled the heads of two federal immigration agencies about the incident during an oversight hearing Thursday.
Chairman Rand Paul, Republican of Kentucky, said there needs to be accountability following the deaths of Pretti, an intensive care unit nurse and Renee Good, a mother of three and poet, in January at the hands of immigration agents.
“The thousands of people in the streets in Minneapolis and in Minnesota and the millions of viewers who witnessed the recent deaths, it’s clearly evident that the public trust has been lost,” Paul said. “To restore trust in (Immigration and Customs Enforcement) and Border Patrol, they must admit their mistakes, be honest and forthright with their rules of engagement and pledge to reform.”
Paul and Michigan Sen. Gary Peters, the top Democrat on the panel, questioned ICE acting Director Todd Lyons and CBP Commissioner Rodney Scott about immigration officers’ use of force tactics and whether the agents followed de-escalation procedures.
“You have to look at what your rules are for drawing weapons, because it appears to me they’re not using the same standards as the police,” Paul said of immigration agents.
It was the second congressional oversight hearing for Scott and Lyons this week. Democrats and Republicans are at a stalemate over funding for the agency for fiscal year 2026, with Democrats demanding changes in immigration enforcement tactics after the deadly encounters in Minneapolis.
The shutdown will not stop President Donald Trump’s mass deportation push, however. Even if an agreement to fund DHS is not reached by Friday and the agency is closed, ICE still has $75 billion in funding from the tax and spending package from last year.
Minutes into Thursday’s hearing, border czar Tom Homan announced that immigration enforcement operations would end in Minneapolis after two months.
Pretti pepper sprayed, held down
Paul and Peters showed the leaders of CBP and ICE a New York Times video analysis leading up to the shooting of Pretti, who was pepper sprayed and tackled to the ground by multiple immigration officers. He was held down and at least 10 shots can be heard on video.
Lyons and Scott declined to comment on the clips shown, saying there are multiple ongoing investigations. Scott said the FBI, CBP and ICE were conducting their own investigations.
Paul expressed his frustration with that answer and pointed to the lead-up to Pretti’s encounters with federal officers. The video shows a woman yelling at a federal immigration officer. She is shoved to the ground and Pretti goes to help her up.
“No one in America believes shoving that woman’s head, in the face, in the snow, was de-escalation,” Paul said.
Paul asked if an appropriate response to someone yelling is to shove them to the ground.
Scott said it was not, but that he couldn’t comment on the specific video.
Paul said that in the video it’s clear that Pretti is using his hand to protect his face from pepper spray.
“He is retreating at every moment,” Paul said. “He’s trying to get away, and he’s being sprayed in the face. I don’t think that’s de-escalatory. That’s an escalatory thing.”
Paul said an investigation needs to be done quickly.
Scott said there is body camera footage from the officers involved in Pretti’s shooting that will be released to the public.
“I don’t think this should take months and months and years and years,” Paul said. “There needs to be a conclusion.”
Peters pointed to how immigration officers are seen beating Pretti with a pepper spray canister. He asked Scott if that was an appropriate response.
“What I’m seeing is a subject that’s also not complying, he’s not following any guidance. He’s fighting back nonstop,” Scott said, adding that he couldn’t answer Peters’ question because the investigation was ongoing.
Peters then questioned Scott and Lyons on why DHS Secretary Kristi Noem quickly labeled Good and Pretti as “domestic terrorists.” He asked the men if they had given her any briefing or additional information for her to have drawn that conclusion.
Both said they had not.
Michigan Democratic Sen. Elissa Slotkin also told Lyons that she was concerned about statements made by Trump about sending immigration agents to polling locations ahead of the midterm elections.
“There’s no reason for us to deploy to a polling facility,” he said.
Minnesota withdrawal
Oklahoma Republican Sen. James Lankford informed the first panel, which brought Minnesota leaders to the nation’s capital, of Homan’s announcement that the surge would be ending in Minneapolis.
The first panel included GOP Rep. Tom Emmer of Minnesota; Minnesota House Republican Floor Leader Harry Niska; Minnesota Attorney General Keith Ellison, a Democrat; and the commissioner of the Department of Corrections for the state of Minnesota, Paul Schnell.
Lankford said there needs to be better coordination between local and federal law enforcement, such as 287(g) agreements. In those partnerships, which are voluntary, local law enforcement will notify ICE if they arrest someone who is in the country unlawfully and hold that person until federal immigration officers can arrive.
“So the position that my office has taken is that, if you are a sheriff who wants to pursue 287(g), you must have the support of your county board,” Ellison said, adding that seven counties have such agreements.
One Republican, Sen. Ron Johnson of Wisconsin, blamed the deaths of Pretti and Good not on the immigration agents who killed them. He said they occurred because Ellison urged Minnesotans to exercise their First Amendment rights.
“Two people are dead because you encouraged them to put themselves into harm’s way,” Johnson said to Ellison. “And now you are exploiting those two martyrs. You ought to feel damn guilty about it.”
In response, Ellison said, “It was a nice theatrical performance but it was all lies.”
‘Occupied by the federal government’
New Jersey Democratic Sen. Andy Kim noted that the number of ICE agents, about 3,000, initially sent to Minneapolis, significantly dwarfed the local police, which is roughly under 600. He asked Ellison how it felt in Minneapolis to have that many federal immigration agents in the city.
“It felt like we were being occupied by the federal government,” Ellison said.
During the second panel, Kim asked Lyons if ICE is planning to conduct a similar operation in other cities.
Lyons said the agency would, and said he learned lessons from the deportation drive in Minneapolis.
“We look at lessons learned,” Lyons said. “The problem, I believe, is the … agitators and the coordination on the protest side. People can go out there and protest, but why are we going to encourage individuals to go out there and impede and put themselves in harm’s way? I think that’s the lesson learned from this.”
Pictures of Alex Pretti sit in front of his Minneapolis home on Jan. 26, 2026. Pretti, an ICU nurse, died Jan. 25, after being shot multiple times during a brief altercation with Border Patrol agents in south Minneapolis. (Photo by Scott Olson/Getty Images)
WASHINGTON — The head of U.S. Immigration and Customs Enforcement declined during a U.S. House hearing Tuesday to apologize to the families of Alex Pretti and Renee Good, the victims of fatal shootings by immigration officers in Minneapolis last month.
Top Trump administration officials, including Homeland Security Secretary Kristi Noem, had said both Minneapolis residents engaged in “domestic terrorism.” Good was a poet and mother of three and Pretti was an intensive care unit nurse.
ICE acting Director Todd Lyons demurred when asked by California Democrat Eric Swalwell if he would apologize for that characterization.
“I’m not going to speak to any ongoing investigation,” Lyons said.
Lawmakers on the U.S. House Homeland Security Committee grilled Lyons, Customs and Border Protection Commissioner Rodney Scott and U.S. Citizenship and Immigration Services Director Joseph Edlow during Tuesday’s hearing, following the fatal shootings of Good on Jan. 7 and Pretti on Jan. 24. The deportation campaign in Minneapolis began more than two months ago.
Following the shootings, Democrats have pushed for policy changes to the appropriations bill that funds the agency for fiscal year 2026, scrambling a bipartisan agreement on the measure.
If lawmakers don’t reach a deal by Friday, funding for much of DHS will run out. Funding for immigration enforcement will remain due to provisions in Republicans’ tax cuts and spending law last year.
Scott called the thousands of protestors and legal observers in Minnesota “paid agitators.” There is no evidence of that.
Noem, who Democrats are pushing to impeach, was not at the hearing.
The chair of the committee, Rep. Andrew Garbarino of New York, acknowledged that the country was at an “inflection point” and called the deaths of Good and Pretti “unacceptable and preventable.”
But he otherwise largely defended federal immigration officials and the Trump administration’s enforcement tactics.
The top Democrat on the committee, Bennie Thompson of Mississippi, said the Trump administration was weaponizing DHS against Americans.
Body cameras, masks and roving patrols
Democrats questioned Scott and Lyons on a handful of policy proposals that Democrats are pushing for in the DHS appropriations bill.
The Democrats’ proposals include mandating body cameras for immigration agents and requiring those officers to identify themselves and not wear masks.
Thompson asked Lyons how many body cameras ICE officers have. Noem earlier this month announced DHS would be sending body cameras to all ICE officers across the country.
Lyons said about 3,000 ICE officers currently have body cameras with another 6,000 cameras on the way.
Scott said that about 10,000 Border Patrol agents have body cameras out of 20,000 agents.
Democratic Rep. Tim Kennedy of New York asked Lyons if he would commit to instructing ICE agents to stop wearing face coverings and masks in enforcement actions.
“No,” Lyons said.
Kennedy then asked Lyons if he believed Noem should resign, given the deadly shootings of Good and Pretti.
“I’m not going to comment on that,” Lyons said.
GOP Rep. Michael McCaul, a former chair of the committee who is retiring next year, said some of the roving patrols should be kept at the southern border, rather than in residential areas.
“I’ve called for de-escalation after the two deaths, the two shootings that took place,” McCaul said. “I believe that these roving patrols should be done at the border rather than in the major cities of the United States.”
Democrats are also calling for an end to those roving patrols in enforcement in the interior of the U.S.
McCaul added that federal immigration agents “are not trained to effectuate crowd control.”
“They are trained to move in surgically, go in and remove these dangerous, violent criminals from the United States of America,” he said.
Judgment day, Klan invoked
The hearing had a few heated exchanges between Democrats and the administration officials.
New Jersey Democratic Rep. LaMonica McIver, who is facing federal charges after a clash with immigration officers at a detention facility in Newark where she tried to conduct an unannounced oversight visit, asked Lyons if he considered himself a religious person.
Lyons said he did and McIver asked him how he thought “judgment day would work for you with so much blood on your hands.”
“I’m not going to entertain the question,” Lyons said.
She asked Lyons if he thought he was “going to hell.”
Garbarino quickly shut down her line of questioning.
Democratic Rep. Delia Ramirez of Illinois criticized the officials before her, and called for ICE to be abolished.
“I have as much respect for you as I do for the last white men who put on masks to terrorize communities of color. I have no respect for the inheritors of the Klanhood and the slave patrol,” she said. “Those activities were criminal and so are yours.”
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.
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.
Rep. Delia Ramirez, D-Ill., a member of the U.S. House Subcommittee on Border Security and Enforcement and of the Congressional Hispanic Caucus, speaks outside of U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026. (Photo by Ashley Murray/States Newsroom)
WASHINGTON — Dozens of U.S. House Democrats and leaders of several caucuses rallied on a chilly Tuesday morning outside U.S. Immigration and Customs Enforcement headquarters in the nation’s capital, demanding the resignation, firing or impeachment of Homeland Security Secretary Kristi Noem.
Democrats criticized Noem for the monthslong immigration operation in Minnesota in which federal immigration agents killed two U.S. citizens — 37-year-old Renee Good, a poet and mother of three, on Jan. 7, and 37-year-old Alex Pretti, an intensive care unit nurse, on Jan. 24.
They blamed Noem for aggressive tactics used by ICE and other federal immigration agents in Customs and Border Protection and criticized the use of warrantless arrests as well as the presence of officers who are masked and unidentifiable. Such practices, as well as the deadly shootings, led to a partial government shutdown as lawmakers negotiate new constraints on immigration enforcement for the Homeland Security funding bill.
A protest led by congressional Democrats outside U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026, attracted a crowd of up to a couple hundred. (Photo by Ashley Murray/States Newsroom)
Democratic Rep. Robin Kelly, who represents parts of Chicago where aggressive immigration enforcement occurred late last year, said more than 180 lawmakers have co-sponsored her articles of impeachment against Noem.
“Kristi Noem brought a reign of terror to cities across the country,” Kelly said. “Everywhere they go, ICE causes death and destruction. She seems to get her kicks and giggles out of tearing families apart.”
Kelly said if Noem does not step down, Democrats will move forward with impeachment proceedings, which will likely only occur if Democrats flip the GOP-controlled House in the November midterm elections.
The Department of Homeland Security did not respond to States Newsroom’s request for comment. Noem is a former Republican member of the House from South Dakota.
Unannounced visits
Democrats also slammed Noem’s attempts to block members of Congress from conducting unannounced oversight visits at detention centers that are permitted under a 2019 appropriations law.
A federal judge earlier this week placed a temporary bar on a second policy from Noem that required a seven-day notice for lawmakers to conduct oversight visits.
“We’re gonna be able to exercise our oversight responsibilities and duties without any impairment or pushback from ICE or the Secretary (Noem),” said Adriano Espaillat, chair of the Congressional Hispanic Caucus.
Most recent DHS data shows that there are more than 70,000 people in ICE detention custody across the country. It’s nearly double the number of people detained during the last fiscal year of the Biden administration, when nearly 40,000 people were in ICE detention when Biden left office in January 2025.
Other Democratic caucus leaders rallying outside ICE headquarters included the second vice chair of the Congressional Black Caucus, Lucy McBath of Georgia; the chair of the Congressional Asian Pacific American Caucus, Grace Meng of New York; the chair of the Democratic Women’s Caucus, Teresa Leger Fernández of New Mexico; and the chair of the Congressional Progressive Caucus, Greg Casar of Texas.
The Progressive Caucus has vowed to oppose any approval of funding for ICE following Pretti’s death.
U.S. Rep. Ilhan Omar, D-Minn., speaks as Democratic members of Congress protest outside of Immigration and Customs Enforcement headquarters in Washington, D.C. on Tuesday, Feb. 3, 2026. (Video by Ashley Murray/States Newsroom)
However, even if the Homeland Security bill for fiscal year 2026 is not approved, DHS still has roughly $175 billion in funding for immigration enforcement that was provided from President Donald Trump’s signature tax cuts and spending package signed into law last summer.
Casar called for an end to Trump’s mass deportation campaign and immigration enforcement across the country.
“We are united as Democrats and united as a country, marching in the cold in Minneapolis, facing tear gas from coast to coast, marching to demand that we impeach Kristi Noem, that we end Donald Trump’s mass deportation machine, and that we focus on the well-being and the constitutional rights of everyday people in the United States,” Casar said.
Democratic Rep. Ilhan Omar, who represents parts of Minneapolis, said her district is “currently under occupation” from ICE and CBP. She said students are afraid to go to school and immigrants are terrified to go to hospitals “because our hospitals have occupying paramilitary forces.”
Last week, a man rushed at Omar and used a syringe to squirt apple cider vinegar on her during a town hall where she called for ICE to be abolished and addressed concerns about immigration enforcement in Minneapolis. She was unharmed, but the attack followed an increase in threats to members of Congress, and the president has verbally attacked her multiple times.
Body cameras
Following the shootings in Minneapolis and sharp criticism from Republicans in Congress, Noem on Monday announced that immigration agents across the country would receive body cameras.
But California Democratic Rep. Norma Torres said body cameras were not sufficient, and she urged legal observers to keep recording and documenting ICE and CBP officers.
“Body cameras are not going to be enough if they continue to hide the evidence,” she said.
Don Powell, 67, of Austin, Texas, attended a protest held by congressional Democrats outside the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026. (Photo by Ashley Murray/States Newsroom)
House Democrats were joined by about 200 protesters calling for Noem to resign.
Don Powell, 67, of Austin, Texas, said he and his wife have been traveling around to anti-ICE protests.
“It’s just the immorality of how they are treating children and adults. Nobody deserves to be treated that way for the crime, in theory, that they committed of crossing a border,” Powell said.
He also expressed objection to the Trump administration’s policy of deporting immigrants to “some foreign country they’ve never been to.”
Those removals of an immigrant from the U.S. to another place that is not their home country are known as third-country removals. The Trump administration is currently being sued over the practice by immigrant and civil rights groups.
Jeanne Ferris, 71, of Bethesda, Maryland, attended a protest held by congressional Democrats outside the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026.(Photo by Ashley Murray/States Newsroom)
Jeanne Ferris, 71, of Bethesda, Maryland, said she’s been to 16 anti-ICE rallies this year and attended 119 anti-Trump rallies in 2025.
“I’m opposed to the felon-in-chief forming his own private army and letting them loose on the American public and everybody else that happens to be there,” Ferris said.
Pedestrians walk through the streets of the Little Haiti neighborhood on June 06, 2025 in Miami, Florida. (Photo by Joe Raedle/Getty Images)
WASHINGTON — A federal judge late Monday blocked the termination of temporary protections for roughly 350,000 Haitians from taking effect, a move that prevents the Trump administration from acting to deport them as litigation continues.
In a searing 83-page order, District of Columbia federal Judge Ana C. Reyes found that Homeland Security Secretary Kristi Noem does not have “unbounded discretion” to terminate Temporary Protected Status for Haiti and rejected the Trump administration’s arguments that ending the status is in the public interest.
“Secretary Noem complains of strains unlawful immigrants place on our immigration-enforcement system. Her answer? Turn 352,959 lawful immigrants into unlawful immigrants overnight,” Reyes wrote. “She complains of strains to our economy. Her answer? Turn employed lawful immigrants who contribute billions in taxes into the legally unemployable. This approach is many things—in the public interest is not one of them.”
The decision came the day before hundreds of thousands of Haitians were at risk of losing their work permits and deportation protections, opening them up to removal.
The Trump administration has moved to strip the legal status of immigrants, as many as 1.5 million, by ending the TPS designation and revoking humanitarian protections initially granted under the Biden administration. So far, Noem has ended TPS for 12 countries.
Other judges found Noem overreached
Reyes said the Trump administration would face no harm by allowing TPS recipients from Haiti to keep their legal status while they challenge Noem’s move to end their status.
Last year, Noem initially tried to remove extended protections for TPS holders from Haiti granted under the Biden administration, which meant protections would end by August. But several judges found that move from Noem an overreach of her authority.
TPS is usually granted for 18 months to nationals who hail from a country deemed too dangerous to return to due to violence and instability.
In her order, Reyes cited contradictions by the Trump administration in its attempts to end TPS for Haiti. She pointed to Noem’s argument that conditions in Haiti have improved, but at the same time the State Department has a “do not travel” advisory for Haiti because of violence.
There has been escalating gang violence in Haiti since the assassination of the country’s president in 2021.
“There is an old adage among lawyers. If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither, pound the table,” Reyes wrote. “Secretary Noem, the record to-date shows, does not have the facts on her side—or at least has ignored them. Does not have the law on her side—or at least has ignored it. Having neither and bringing the adage into the 21st century, she pounds X (f/k/a Twitter).”
Reyes was nominated by former President Joe Biden.
‘Hostility to nonwhite immigrants’
Reyes added that one of the arguments from the plaintiffs – Haitian TPS recipients – that Noem “preordained her termination decision and did so because of hostility to nonwhite immigrants,” is likely substantial.
Reyes also pointed to the 2024 presidential campaign, where President Donald Trump and Vice President JD Vance spread false rumors claiming Haitians in Springfield, Ohio, ate residents’ pets.
In her order, she said Trump referred to those Haitians with TPS as being in the country without legal authorization, despite their legal status, and recalled how the president vowed to revoke “Haiti’s TPS designation and send ‘them back to their country.’”
There are five Haitian TPS recipients who are plaintiffs in the case. They argued that Noem violated the Administrative Procedure Act, the process of how agencies issue regulations, by ending TPS for Haiti.
Those recipients include Fritz Emmanuel Lesly Miot, who is a neuroscientist researching Alzheimer’s disease who has had TPS since 2011; Rudolph Civil, a software engineer at a national bank who was granted TPS in 2010; Marlene Gail Noble, a laboratory assistant in a toxicology department who’s been a TPS recipient since 2024; Marica Merline Laguerre, an economics major at Hunter College and a TPS holder since 2010; and Vilbrun Dorsainvil, a full-time registered nurse and TPS holder since 2021.
A reprieve
This is not the first time the Trump administration has tried to end the TPS designation for Haiti, but the courts blocked those attempts in 2018.
Monday’s decision came as a brief relief for immigrants and advocates in Springfield, Ohio.
“This 11th hour reprieve is, of course, welcome,” Ohio Immigrant Alliance Executive Director Lynn Tramonte said in a statement. “But people can’t live their lives like this, pegging their families’ futures to a court case. The least this country can do is honor their strength and contributions by giving them a permanent home.”
U.S. Secretary of Homeland Security Kristi Noem at a roundtable discussion with local ranchers and employees from U.S. Customs and Border Protection on Jan. 7, 2026 in Brownsville, Texas. (Photo by Michael Gonzalez/Getty Images)
WASHINGTON — Homeland Security Secretary Kristi Noem announced Monday that body cameras would be given to federal immigration agents across the country, starting in Minneapolis, where two U.S. citizens were shot and killed by agents in the Trump administration’s immigration crackdown.
“As funding is available, the body camera program will be expanded nationwide,” she wrote on social media. “We will rapidly acquire and deploy body cameras to DHS law enforcement across the country.”
Noem did not specifically say agents would be required to wear the cameras.
President Donald Trump said he was supportive of the move, according to White House pool reports.
“It wasn’t my decision,” he said. “I leave it to her. It tends to be good for law enforcement, because people can’t lie about what happened.”
The announcement comes amid a partial government shutdown by congressional Democrats who are pushing to change immigration enforcement operations across the country. One of those proposed policy changes is a requirement for federal immigration officers to wear body cameras.
Democrats have also called for Noem to resign or be impeached after a second Minneapolis resident was shot and killed on Jan. 24 by federal immigration agents, 37-year-old intensive care unit nurse Alex Pretti. On Jan. 7, Renee Good, a poet and mother of three, was killed by federal immigration agent Jonathan Ross.
Even without approved funding in the Homeland Security appropriations bill, the agency still has roughly $175 billion in funding for immigration enforcement from the massive tax cuts and spending package passed last year.
In the fiscal year 2026 appropriations bill for Homeland Security, $20 million was set aside for body cameras for immigration agents. That measure would be the subject of two weeks of negotiations under the spending package under consideration in the House.
Speaker Mike Johnson, R-La., answers reporters’ questions after holding a press conference on Tuesday, Jan. 13, 2026. (Photo by Jennifer Shutt/States Newsroom)
WASHINGTON — The U.S. House is expected to vote as soon as Tuesday on the government funding package that will end the ongoing partial government shutdown once it becomes law.
The Senate voted Friday evening to approve the legislation after President Donald Trump and Minority Leader Chuck Schumer, D-N.Y., brokered a deal to remove the full-year appropriations bill for the Department of Homeland Security and replace it with a two-week stopgap. But the partial shutdown began early Saturday morning because the House had not yet acted on the same measure.
The additional time is supposed to give Republicans and Democrats more leeway to broker a deal on constraints to immigration enforcement after federal officers shot and killed two U.S. citizens in Minnesota within the last month.
Trump wrote in a social media post that lawmakers in the House need to accept the package cannot change further.
“I am working hard with Speaker Johnson to get the current funding deal, which passed in the Senate last week, through the House and to my desk, where I will sign it into Law, IMMEDIATELY!” Trump wrote. “We need to get the Government open, and I hope all Republicans and Democrats will join me in supporting this Bill, and send it to my desk WITHOUT DELAY. There can be NO CHANGES at this time. We will work together in good faith to address the issues that have been raised, but we cannot have another long, pointless, and destructive Shutdown that will hurt our Country so badly — One that will not benefit Republicans or Democrats. I hope everyone will vote, YES!”
House Speaker Mike Johnson said during a Sunday interview on the Fox News show “Fox and Friends” that he was confident lawmakers would approve the funding package Tuesday.
“I don’t understand why anybody would have a problem with this, though. Remember, these are the bills that have already been passed, we’re going to do it again,” the Louisiana Republican said.
The House voted in January to approve two separate bundles of appropriations bills and to pass the full-year Homeland Security bill before sending all six government funding bills to the Senate as one package.
The other six annual government spending bills have already become law.
Johnson added during the interview that negotiations between the president and Senate Democrats were an important step.
“I think there’s some healthy conversations in good faith that’ll be had over the next couple of days, and I look forward to that,” he said.
Some of those policy negotiations that Senate Democrats are unified on include the banning of unidentified and masked federal immigration agents, requiring the use of body cameras and the end of roving patrols, among other things.
But House Democrats on the Homeland Security Committee on Sunday issued a letter, urging their caucus to reject funding for DHS.
“Democrats must act now to demand real changes that protect our communities before Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) receive another dollar in funding,” they wrote. “This is what our constituents elected us to do – to hold ICE and this administration accountable when they fail to adhere to the Constitution or follow the law.”
In the letter, House Democrats are pushing for the Trump administration to end the months-long immigration operation in Minneapolis and requiring immigration agents to get judicial warrants, among other things.
U.S. House Democrats, from left, Kelly Morrison, Ilhan Omar and Rep. Angie Craig, all of Minnesota, arrive outside of the regional Immigration and Customs Enfrocement headquarters at the Bishop Henry Whipple Federal Building in Minneapolis on Jan. 10, 2026. (Photo by Stephen Maturen/Getty Images)
WASHINGTON — A federal judge on Monday temporarily blocked a Trump administration policy that prevented members of Congress from making unannounced oversight visits at facilities that hold immigrants.
The temporary restraining order from U.S. District Judge Jia Cobb of District of Columbia federal court blocked a seven-day notice requirement that Homeland Security Secretary Kristi Noem established earlier this month. The order allows congressional Democrats to access facilities that are central to the national debate over President Donald Trump’s immigration crackdown.
“The Court’s decision today to grant a temporary restraining order against ICE’s unlawful effort to obstruct congressional oversight is a victory for the American people,” Colorado Democratic Rep. Joe Neguse, who is the lead plaintiff in the case, said in a statement. “We will keep fighting to ensure the rule of law prevails.”
Noem issued the policy Jan. 8, one day after federal immigration officer Jonathan Ross shot and killed 37-year-old Renee Good in Minneapolis, the site of an aggressive immigration operation for nearly two months.
A second Minneapolis resident, 37-year-old Alex Pretti, was shot and killed by a Customs and Border Protection officer and Border Patrol agent on Jan. 24.
Following the Jan. 7 shooting, U.S. House Democrats from Minnesota tried to conduct unannounced oversight visits at a Department of Homeland Security facility that held immigrants, as allowed under a 2019 appropriations law. Democrats have argued the notice policies issued by Noem violate that appropriations law.
Noem argued the notice policy was acceptable, despite the spending law, because the facilities were funded through the “One Big Beautiful Bill Act,” not an appropriations law, and were therefore exempt from the unannounced oversight visit policy.
Cobb rejected that argument, for now, while the case continues, saying the administration had not shown how the department could effectively separate the funds from each law. Cobb said the argument raised “practical challenges.”
“Perhaps reflecting that difficulty, Defendants have not seriously attempted to argue that DHS and ICE ensured that only OBBBA-funded resources were used before promulgating and first implementing the January 8 policy,” she wrote.
A dozen Democratic lawmakers brought the suit in July, after DHS created a seven-day notice policy to visit a facility where immigrants are detained. In the filing, lawmakers argued that DHS overreached its authority in creating the policy and that it violated a 2019 appropriations law.
Cobb in December also issued a temporary block on that policy.
The House Democrats who sued include Neguse, Adriano Espaillat of New York, Jamie Raskin of Maryland, Robert Garcia of California, J. Luis Correa of California, Jason Crow of Colorado, Veronica Escobar of Texas, Dan Goldman of New York, Jimmy Gomez of California, Raul Ruiz of California, Bennie Thompson of Mississippi and Norma Torres of California.
The U.S. Capitol in Washington, D.C., surrounded by snow and ice, on Wednesday, Jan. 28, 2026. (Photo by Jennifer Shutt/States Newsroom)
WASHINGTON — The federal government began a partial shutdown early Saturday, even though Senate Democrats and President Donald Trump reached a deal that allows lawmakers more time to negotiate new constraints on immigration enforcement.
The Senate voted 71-29 on Friday evening to pass the reworked government funding package before a midnight deadline. But the earliest the House could clear it for Trump’s signature is Monday evening, when members return from a recess.
The scheduling problem guarantees the current spending law, which Congress approved in November at the end of the last shutdown, will expire without a replacement.
However, the effects on the nation are not expected to be as dramatic as those during the historic 43-day shutdown last year. Since Congress has already passed half of the dozen annual appropriations bills, this shutdown will only affect part of the government, and possibly with moderate impacts since it may only last a few days until the House acts.
The unexpected hitch in progress toward passing the $1.2 trillion package came about after immigration agents killed a second person in Minneapolis and Senate Democrats demanded reforms be included in the Department of Homeland Security spending bill. Trump has agreed to two weeks of negotiations on the DHS bill, which includes funding for Immigration and Customs Enforcement, Customs and Border Protection and other immigration enforcement agencies.
Senate Appropriations Chairwoman Susan Collins, R-Maine, said the full-year measures are “fiscally responsible bills that reflect months of hard work and deliberation from members from both parties and both sides of the Capitol.”
“The package also continues funding for the Department of Homeland Security for two weeks to allow us additional time to evaluate further changes in ICE procedures beyond those that we have already included in this bill,” she said.
Once the package becomes law, she said, 96% of government will be funded for the fiscal year that began back on Oct. 1.
Washington Democratic Sen. Patty Murray, ranking member on the Appropriations Committee, said approving the five full-year bills and a stopgap for the Homeland Security Department represented “a simple, commonsense path forward.”
“It is good news we have a deal to fund these key programs families count on while work continues on serious DHS accountability over the next two weeks,” Murray said. “It could not be more clear that ICE and CBP are out of control and that we cannot just wait for the same president who caused this mess to address it.”
Senators from North Carolina, South Carolina tangle
South Carolina Republican Sen. Lindsey Graham said in a floor speech several hours before voting began that he would hold up quick consideration of the funding package until leaders agreed to schedule floor votes on two separate proposals.
The first would establish some sort of criminal penalty for local or state officials who do not cooperate with federal immigration enforcement agents, often called sanctuary cities. The second would clear the way for conservative organizations to file lawsuits against former Justice Department special counsel Jack Smith for his investigation into efforts to overturn the 2020 election results.
“What is the right answer when a state or a mayor says, ‘I don’t like this federal law, I’m not going to do it because there’s good politics for me.’ I think you risk going to jail,” Graham said. “We cannot live in a country this way, where you get to pick and choose the laws you don’t like.”
A spokesperson for Graham later confirmed to States Newsroom that the senator didn’t want the votes Friday but “just sometime down the road.” Graham released a statement later in the afternoon that Senate Majority Leader John Thune, R-S.D., had agreed to schedule floor votes “at a time to be determined.”
North Carolina Republican Sen. Thom Tillis spoke directly after Graham and rebuked him for delaying the entire funding package.
Tillis called on senators from both political parties to start negotiations about “common sense sorts of ways to lower the temperature” on immigration enforcement.
He said officials should “hold people accountable when they’re harming ICE agents, and hold ICE agents accountable if they reacted in a way that’s not consistent with their law enforcement training.”
Tillis argued that Graham’s approach to pushing for amendment votes that are unlikely to succeed wouldn’t have any tangible, real-world impacts.
“One senator has a lot of power. And if you use it judiciously, you can be productive and make a difference,” Tillis said. “But if you use it in the heat of the moment, you can make a point that not a damn person is going to remember a month later.”
Some departments, judiciary affected
The departments of Defense, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, State, Transportation and Treasury will all experience the funding lapse. The Executive Office of the President, Supreme Court and judicial branch will also be affected.
All other federal programs will continue uninterrupted, since their spending bills have become law, including those at the departments of Agriculture, Commerce, Energy, Interior, Justice and Veterans Affairs, as well as military construction projects and funding for Congress.
A spokesperson for the Administrative Office of the U.S. Courts wrote in a statement earlier this week that “operations would continue using court fees and other available balances through Wednesday, February 4.
“The following day, on February 5, the Judiciary would begin operating under the terms of the Anti-Deficiency Act. Federal courts would continue operating, but would be limited to activities needed to support the exercise of the Judiciary’s constitutional functions and to address emergency circumstances.”
House Democrats demand changes in DHS bill
A spokesperson for the White House budget office said the departments and agencies affected by the funding lapse can use their contingency plans from the last shutdown unless they had “big changes.”
Those documents detail how many employees continue working without pay during a shutdown and how many are furloughed.
House Minority Leader Hakeem Jeffries said Democrats wouldn’t support the spending bill unless major reforms are made in the way immigration officers conduct enforcement.
“We’re going to have to evaluate what the real opportunity is to get dramatic changes at the Department of Homeland Security. It has to be bold,” he said during a morning press conference. “The Senate has to do its thing before we have anything to evaluate.”