Senate Takes Initial Step to Fund Homeland Security Agencies
The Senate has embarked on a new legislative effort to reopen the Department of Homeland Security, voting early Thursday to adopt a budget plan that would fund Immigration and Customs Enforcement (ICE) and Border Patrol. This action comes despite strong Democratic objections and sends the proposal to the House for further consideration.
Budget Reconciliation Process Unfolds
The entire Department of Homeland Security has been shut down since mid-February, following Democratic demands for policy changes after federal agents fatally shot two protesters. Republicans are now utilizing the budget reconciliation process—a complex and time-consuming legislative maneuver—to fund these two agencies. This same tactic was employed last year to pass President Donald Trump's tax and spending cuts without Democratic support.
Senate Majority Leader John Thune, a Republican from South Dakota, emphasized the significance of this move. "We have a multistep process ahead of us, but at the end Republicans will have helped ensure that America's borders are secure and prevented Democrats from defunding these important agencies," Thune stated.
Navigating Legislative Hurdles
The budget reconciliation process requires only a simple majority in the Senate, allowing Republicans to bypass filibuster rules that typically necessitate 60 votes. However, this approach subjects the legislation to increased scrutiny from the Senate parliamentarian and entails a lengthy series of amendment votes at both the beginning and end of the process.
The Senate conducted its first series of votes overnight, starting Wednesday evening and continuing into early Thursday morning. During this session, Democrats proposed amendments aimed at reducing healthcare expenses and other costs, contrasting sharply with Republicans' focus on Trump's immigration enforcement agenda.
Senate Minority Leader Chuck Schumer, a Democrat from New York, criticized the Republican strategy. "Instead of pumping hundreds of billions of dollars into ICE and Border Patrol, Republicans should be working with Democrats to lower out-of-pocket costs," Schumer argued.
A Lengthy Path to Reopening
Once the House approves the budget framework and the Senate Parliamentarian gives its approval, both chambers can proceed to pass the final measure. The Senate has already voted on a bipartisan basis to reopen the remainder of the Homeland Security Department, but House Republican leaders have indicated they will not consider that bill until progress is made on funding ICE and Border Patrol.
The proposed $70 billion budget resolution would fund these two agencies for three years, extending through the remainder of Trump's term. Republican leaders, including Thune, aim to keep the bill narrowly focused on ICE and Border Patrol, hoping to deliver it to Trump's desk by the end of the month alongside other Homeland Security funding that has already passed the Senate.
Potential Complications and Internal Divisions
However, achieving this goal may prove challenging, as many Republicans view the budget bill as their last significant opportunity this year to advance their priorities. Members of both the Senate and House have pushed to include additional items, such as funding for farmers and provisions from Trump's SAVE America Act, which focuses on proof of citizenship for voting.
Senator John Kennedy, a Republican from Louisiana, briefly delayed the voting process late Wednesday, expressing frustration that the bill did not incorporate elements of the SAVE America Act or other legislation. "This is the last train leaving the station," Kennedy remarked, predicting that no other major bills would pass before November's midterm elections. He ultimately withdrew his objections, allowing the voting to proceed.
Democratic Calls for Reform
Democrats insist that any funding bill for the Homeland Security Department must include restraints on federal immigration authorities. Their demands include better identification for federal officers and increased use of judicial warrants, among other measures. These calls for reform stem from the fatal shootings of Renee Good and Alex Pretti by federal agents in Minneapolis in January.
Following these incidents, Trump agreed to separate the Homeland Security bill from a larger spending measure, but bipartisan negotiations stalled, leading to a funding lapse. In March, the Senate passed legislation by voice vote to fund the rest of the department—including the Transportation Security Administration—while separating ICE and Border Patrol. House Republicans, however, refused to consider it, insisting on funding for immigration enforcement.
Uncertainty in the House
Congress then adjourned for a two-week recess, leaving the issue unresolved. Trump has used executive orders to pay some department salaries in the interim, but the long-term viability of these payments remains uncertain. During the recess, Thune and House Speaker Mike Johnson announced a two-track approach: passing the Senate bill for most department funding through regular order and using a party-line bill for ICE and Border Patrol funding.
Weeks later, Johnson has yet to specify when the House will take up the Senate's legislation for the rest of the department. It is unclear whether House Republicans will unite behind the narrowed budget bill, as some, like Senator Kennedy, advocate for adding other priorities. Johnson emphasized the importance of sequencing, stating that House lawmakers do not want to fund the rest of the department without ICE and Border Patrol. "We'll get there," Johnson said. "Just stay tuned."
