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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. 

Trump urges US House to avert ‘another long, pointless and destructive’ shutdown

Speaker Mike Johnson, R-La., answers reporters’ questions after holding a press conference on Tuesday, Jan. 13, 2026. (Photo by Jennifer Shutt/States Newsroom)

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.

Partial federal government shutdown begins, amid hopes it won’t last long

The U.S. Capitol in Washington, D.C., surrounded by snow and ice, on Wednesday, Jan. 28, 2026. (Photo by Jennifer Shutt/States Newsroom)

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.”

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