The Senate passed legislation early Friday morning to fund President Donald Trump's immigration enforcement agencies, overcoming weeks of delays and intense backlash over an unrelated $1.776 billion settlement fund that nearly derailed the bill.
Bill Details and Vote
Senators voted 52-47 for the $70 billion bill, which funds Immigration and Customs Enforcement (ICE) and Border Patrol for the next three years, covering the remainder of Trump's term. The final vote occurred just before 5 a.m., following a lengthy session where Republicans narrowly defeated multiple amendments from both Democrats and Republicans seeking to permanently block Trump's settlement fund for political allies who claim political persecution.
Republican Infighting Over Settlement Fund
A major hurdle was cleared overnight when Republicans defeated an amendment from Louisiana Senator Bill Cassidy that would have redirected settlement payments to law enforcement officers injured in the January 6, 2021, Capitol attack. This amendment tested party unity and complicated what should have been a straightforward vote for Republicans aiming to focus on immigration enforcement in an election year. Instead, they spent nearly a full day debating whether to block the fund, even after Acting Attorney General Todd Blanche stated earlier this week that it would not proceed.
Senate Majority Leader John Thune of South Dakota remarked shortly before midnight, "This would have been done several hours ago if we weren't having to deal with some of the issues around the fund." Thune himself has criticized the judgment fund, which originated from a settlement resolving Trump's lawsuit against the IRS over the leak of his tax returns, angering many GOP colleagues. He had urged Republican senators for weeks to keep the bill focused on ICE and Border Patrol funding, which Democrats have blocked since early this year, and to avoid adding provisions that could hinder passage in the House.
Trump's Stance and Senate Amendments
Despite Blanche's comments, Trump raised new doubts about the settlement's future on Wednesday afternoon, just after the Senate voted to begin debate on the immigration bill. He told reporters the settlement is "very important" and said, "I don't know" whether it is dead or on hold, adding, "I'd have to ask the lawyers."
The Senate held several votes on amendments to ban or limit the settlement fund. A Democratic effort on Thursday morning was held open for hours as three senators, including Cassidy, decided their positions. The motion was narrowly defeated when Cassidy voted against it, while two other GOP senators—Jon Husted of Ohio and Dan Sullivan of Alaska, both up for reelection—voted in favor.
A second amendment from Republican Senator Thom Tillis of North Carolina, which would have banned the fund and redirected money to an anti-fraud fund at the Department of Justice, was rejected. Most Democrats voted against it, ensuring its defeat, though more than 10 Republicans supported it. Tillis argued the fund is a political liability, stating, "If Blanche says this is largely inoperative, why not use this moment to codify that? Otherwise, you're exposing every one of our members who are in cycle to having to deal with this between today and Election Day."
Cassidy's amendment to compensate injured police officers was a pointed rebuke, as payouts from Trump's fund could potentially go to Trump supporters who beat police and attacked the Capitol on January 6, 2021. Despite Blanche's comments, Cassidy maintained that the fund is still part of an active settlement and "absolutely can be used."
The Senate also rejected several Democratic efforts to block or limit the fund, including amendments to ban payments to January 6 defendants who injured law enforcement officers. Senate Minority Leader Chuck Schumer of New York criticized Republicans, saying they are "leaving taxpayers to rely on nothing more than a promise from Donald Trump's personal fixer. That is not accountability. That is a permission slip."
Background on ICE and Border Patrol Funding
Enactment of the roughly $70 billion bill ends a months-long blockade by Democrats, who demanded policy changes after federal agents fatally shot two protesters in January. The bill funds ICE and Border Patrol for three years, through the end of Trump's term. Senate Republicans used a procedural maneuver to bypass the filibuster and pass the budget legislation without Democratic votes. However, it took weeks to bring the bill to the floor as Republicans navigated obstacles created by Trump and the White House, including a $1 billion proposal for White House security and Trump's ballroom that was eventually scrapped, along with the bipartisan backlash to the settlement fund.
Democrats argue that any funding bill for the Homeland Security Department should place restraints on federal immigration authorities, such as better identification for federal officers and more use of judicial warrants. After federal agents shot Renee Good and Alex Pretti in Minneapolis, Trump agreed to separate the Homeland Security bill from a larger spending measure that became law. But bipartisan negotiations stalled, and department funding lapsed in mid-February with no agreement on changes to Trump's immigration enforcement tactics. Congress eventually funded the rest of the Homeland Security Department at the end of April with Democratic support, but ICE and Border Patrol remained without regular funding until now.
Associated Press writers Kevin Freking and Lisa Mascaro contributed to this report.
