The Senate failed to pass a pair of bills aimed at funding the Department of Homeland Security, all but ensuring a weekend shutdown to take place on Saturday as lawmakers struggle to find a compromise on immigration reform.
Senate Majority Leader John Thune, R-S.D., scheduled a vote on Thursday for the DHS spending bill that would keep the department open through the end of September, even with the expectation it would fall short of the 60 votes needed to advance. Senate Democrats made clear ahead of time they would not back the bill, withholding the support needed to overcome the chamber’s strict filibuster rules.
After that vote failed, Republicans sought to pass a temporary two-week extension to keep the department open while talks continue, but Democrats blocked that bill on the floor.
“We don’t have a solution yet, and the Democrats, at least at the moment, definitely have no interest in funding the Department of Homeland Security,” Thune said on Thursday afternoon. “They really don’t want the solution. They don’t want the answer. They want the political issue.”
The failed votes leave the Senate at a standstill less than 48 hours before federal funding for DHS is set to lapse early Saturday morning. But it’s not clear how party leaders will move forward.
“Hopefully negotiations continue, but if they don’t, obviously, that means that starting at midnight tomorrow night, there are certain agencies of government that won’t be funded,” Thune said on Thursday. “Which would be unfortunate.”
Senate Democrats have engaged in negotiations with the White House for weeks on immigration reform, but those talks have largely stalled as Democratic leaders say the Trump administration is not acting in good faith. Democrats sent their proposal to the president last weekend, which was followed by a White House counterproposal a few days later.
Both have been deemed nonstarters by the other.
Democrats made public their main demands in a letter over the weekend, outlining a list of 10 reforms they want included in the final spending bill.
These include, among other things, mandatory body cameras, no masks, judicial warrants to carry out arrests, ensuring the right to sue, requiring identification for officers, prohibiting racial profiling as a justification to conduct enforcement, and prohibiting ICE agents from detaining or deporting U.S. citizens.
The White House sent a counter-offer to Democrats on Monday, although the details of that proposal has not been made public. However, Democratic leaders have called it “incomplete and insufficient.”
Thune noted that the main holdups are likely related to the judicial warrants as well as masking requirements, which Republicans have publicly opposed.
“I think there’s an option on some of these conditions,” Thune said. “I think our view is, at least, from what we’ve seen in terms of the paper trading that’s been going on, is that the White House has moved a good long way from when they started.”
Despite knowing its likely failure, Thune scheduled the vote on Thursday to shake loose any sign of progress on the DHS funding bill that previously passed the House in January and was negotiated by bipartisan leaders. That bill was on track to pass last month, but was later derailed after a second fatal shooting in Minneapolis prompting Democrats to demand stricter guardrails for federal immigration officers.
That all but guarantees a partial shutdown on Saturday, the third closing of the federal government in the last six months, albeit this one is much less expansive than the full shutdown in October.
A DHS shutdown would have wide-ranging effects, causing the closure of agencies such as the Transportation Security Administration (TSA), FEMA, Secret Service, and more. It’s not clear how long the shutdown could last, either, as both the House and Senate are poised to leave town for a weeklong recess with no plans to return early as of Thursday afternoon.
Thune has told senators to “stay flexible” about a possible return to Washington in the case a deal is made, although that may be easier said than done as several lawmakers have several foreign trips planned, including the Munich Security Conference in Germany next week.
Those lawmakers confirmed they would follow through with their travel plans even with the impending shutdown. Thune said conversations would continue over the next week, although the Senate is not slated to return until Feb. 23.