WASHINGTON — Senate Republicans during a Tuesday hearing laid the groundwork for legislation that would prevent state and local governments from making decisions on whether to limit cooperation with the federal government on immigration enforcement. 

Senate Budget Committee Chair Lindsey Graham of South Carolina argued that sanctuary cities — a term used by critics — undercut federal law, and local policies shielding immigrants without legal status should be banned. President Donald Trump has called on Republicans who control Congress to act.

“What’s the upside of ignoring federal law and keeping people like this out of federal custody?” Graham said. “It’s a political choice.”

As the Trump administration aims to carry out mass deportations, federal immigration officials have increased enforcement in the interior of the country, targeting cities with high immigrant populations that are led by Democrats such as Chicago, Los Angeles, Minneapolis and the District of Columbia. 

All those cities have policies that bar assistance to the federal government in immigration enforcement. 

“Our Democratic friends are accepting of a sanctuary policy. They don’t think it’s a problem. I do,” Graham said. “Let’s have a debate. Let’s have a vote. This will be good for the country going into 2026 as to who should be in charge of controlling our borders and enforcing law.” 

He did not cite specific legislation he favors, but last month he introduced a bill, S.3805, that would make it unlawful for states and local governments to pass laws that limit cooperation with federal immigration enforcement. 

One of the witnesses tapped by Republicans, former DHS Secretary Chad Wolf, who served in the first Trump administration, agreed.

“To restore the rule of law, the era of sanctuary cities needs to come to an end,” Wolf said. 

Immigration enforcement funds

The top Democrat on the committee, Jeff Merkley of Oregon, said the committee should instead be conducting oversight of the $170 billion Congress provided to the Department of Homeland Security through the 2025 tax cuts and spending package known as the “Big, Beautiful Bill.”

He argued that under that funding, U.S. Immigration and Customs Enforcement has conducted aggressive immigration enforcement, wearing masks and conducting warrantless arrests. 

“We now have a secret police called ICE,” Merkley said.

He noted that three U.S. citizens have been killed by federal immigration agents: Renee Good and Alex Pretti in Minnesota, and Ruben Martinez in Texas. 

Merkley also pushed back on the assumption that immigration enforcement does not occur in states and cities that are referred to by Republicans as sanctuary cities. 

“Sanctuary is a bit of a misnomer,” Merkley said. “It refers to the decision that local police will serve as local police and not be commandeered to be assisting ICE agents.”

Sen. Sheldon Whitehouse, Democrat of Rhode Island, said in his state, there is a legal precedent to not hold an immigrant for ICE to pick up because it would be regarded as an unlawful detainment.

“It is binding law that state and local officials who hold somebody under an ICE detainer, where ICE hasn’t bothered to get a warrant, can be held civilly liable,” Whitehouse said.

Graham took issue with the requirement for a judicial warrant and said the need for it to deport someone is “stupid.” 

“All of a sudden we’re Nazis,” Graham said.

Democrats are calling for ICE to use judicial warrants when making an arrest of a person in the country without legal authority, not for deportations. 

Budget Committee role

Democrats argued that the Budget Committee instead of immigration policy should be addressing fiscal issues, such as the spike in oil prices due to President Donald Trump’s decision to join Israel in its war with Iran. 

California Democratic Sen. Alex Padilla said Tuesday’s hearing was “off-base.”

“Gas prices are spiking because of an unauthorized war with Iran,” he said. 

Democratic Sen. Ben Ray Luján of New Mexico agreed, and said the hearing should focus on affordability and the rising cost of living. 

Graham said he would hold a future hearing on affordability. 

WASHINGTON — The Department of Homeland Security is headed for a shutdown as lawmakers on Capitol Hill remained stuck Thursday over bans on face masks and other immigration tactics. 

The department’s funding expires Friday night.

A procedural vote to advance a funding bill failed in the Senate, 52-47, with Sen. John Fetterman, D-Pa., the only Democrat to join Republicans on the measure. Senate Majority Leader John Thune changed his vote in a maneuver to recommit the bill and bring it up again later. Sen. Mitch McConnell, R-Ky., did not vote.

The Senate then left for a scheduled recess over the Presidents Day holiday, and will not return for votes until Feb. 23.

Democrats have so far rebuffed counter proposals from the White House and a Republican offer to further extend temporary DHS funding while negotiations continue. 

The vote came just hours after President Donald Trump’s border czar Tom Homan announced immigration officers will retreat from Minneapolis, which has become ground zero for the administration’s aggressive and deadly escalations that sparked mass protests and sinking approval numbers for the president.

Thune said the administration’s exit from Minneapolis is “certainly a demonstration of good faith.”

Demands for warrants and more

The fatal shootings in Minneapolis by federal agents of Renee Good and Alex Pretti, both U.S. citizens, has prompted Democrats to demand immigration officers obtain judicial warrants to forcibly enter homes, wear and actively use body cameras, remove face masks, wear identification and undergo additional training.

The department, which houses Immigration and Customs Enforcement, or ICE, is the remaining part of the government for which Congress has not passed full-year funding. In addition to ICE and Customs and Border Protection, the department also includes the Federal Emergency Management Agency, or FEMA, the Coast Guard and the Transportation Security Administration, otherwise known as TSA.

Short-term stopgap funds for the department expire Friday at midnight, though ICE will likely continue operations on an influx of cash earmarked for the agency in Republicans’ massive tax and spending cuts law enacted in July.

TSA agents, Coast Guard personnel and other essential government workers will continue their duties without pay until lawmakers strike a deal. Others will be sent home, also without pay, though all will receive back pay once the shutdown ends.

Red lines

Thune said Democrats “don’t seem to want to play ball” and consider his party’s “reasonable efforts and requests.”

“There’s some obviously red lines that Democrats have and that the White House has. I think Republicans, as I told you before, are very interested in making sure that law enforcement officials continue to be able to do their jobs in a way that is safe and that we aren’t in any way enabling, you know, dangerous illegal aliens, or disallowing them being detained and deported from the country,” the South Dakota Republican said following the failed vote.

Thune said the White House is “giving more and more ground on some of these key issues” but declined to provide further detail on the administration’s proposal.

He added he did not plan to cancel the Senate’s planned recess next week but has let members know they’ll need to be available if a deal emerges.

“I’m encouraged to hear that they’re actually going to put together another counterproposal. I think if people are operating in good faith and actually want a solution … this can get done,” he said.

Following the failed vote for full-year funding, Sen. Katie Britt, R-Ala., asked for unanimous consent to keep Homeland Security open with another stop-gap measure.

“Let’s keep talking, let’s keep working. Don’t let anyone miss a paycheck,” Britt, the chair of the Homeland Security appropriations subcommittee, said.

Sen. Chris Murphy of Connecticut, the top Democrat on the Homeland Security appropriations subcommittee, objected, saying the Democrats want “to rein in  ICE’s lawlessness.” 

Democrats want GOP to get ‘serious’

Senate Minority Leader Chuck Schumer doubled down on Democrats’ demands following the failed procedural vote. 

“This vote today asked a simple question: Will you rein in ICE’s abuses, or will you vote to extend the chaos?” he said. “Republicans chose chaos and the Democrats, we refused — Republicans chose to put a bill on the floor that ignored the abuses, ignored the outrage, ignored what the American people want, overwhelmingly, and they failed to get the votes to avoid a shutdown at DHS.” 

The New York Democrat called on Republicans to get “serious” if they want to keep DHS funded. 

“They need to sit down, they need to negotiate in good faith, produce legislation that actually reins in ICE and stops the violence,” Schumer said. 

Both sides have complained that the other did not work fast enough during the past two weeks to find a deal.

“I wish our Republican colleagues in the White House had shown more seriousness from the start, but Senate Democrats have been clear that we have all taken an oath, an oath to uphold the law of the country and this Department of Homeland Security, this ICE, is out of control. They are tear gassing our children’s schools. They are killing American citizens. They are disappearing legal migrants,” Murphy said. 

Ahead of Thursday’s vote, Murphy said Democrats would not fund the department until an agreement is reached with the White House to “reform abusive practices of ICE.” 

Murphy told reporters the White House is “obviously trying to get us to fund the department,” pointing to the announcement of immigration officers soon leaving Minneapolis. 

“If we fund ICE, because we believe that the drawdown is meaningful, they’ll just pocket that money and show up in another city two weeks from now,” he said. “We need statutory changes to stop them from the abuse, or they will be quiet for a couple of weeks and show up in Philadelphia on April 1.” 

Thune said “the ball is in Democrats’ court,” during remarks on the Senate floor Thursday morning. 

“Are they going to shut down the Department of Homeland Security — which would be their second shutdown this fiscal year — or are they going to allow for the time to negotiate with the White House and get agreement on a final bill?” he said.

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.