Homeland Security shutdown grows more likely as Republicans rebuff Democrats’ ICE demands

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WASHINGTON (AP) — Senate Majority Leader John Thune said Thursday that Democratic demands for new restrictions on federal immigration officials are “unrealistic” and warned that the Department of Homeland Security will be shut down next week if it does not work with Republicans and the White House.

Democrats said they would not vote for a Homeland Security spending bill when the money runs out unless there are “significant changes” to U.S. Immigration and Customs Enforcement and other federal law enforcement agencies following last month’s shooting of two protesters in Minneapolis.

On Wednesday night, Democratic leaders Sen. Chuck Schumer and Rep. Hakeem Jeffries unveiled an expanded list of 10 detailed proposals aimed at limiting President Donald Trump’s aggressive immigration enforcement. Among the demands are judicial orders, better identification of Homeland Security officers, new use-of-force standards and an end to racial profiling.

Congress is trying to renegotiate the Homeland Security spending bill after Trump last week agreed to Democratic demands that it be separated from the larger spending measure and extended for two weeks at current levels during bipartisan negotiations. After ICU nurse Alex Pretti was shot and killed by U.S. Border Patrol agents in Minneapolis on January 24, some Republicans agreed that new restrictions were necessary.

But nearly a week later, and starting on February 14th, a government shutdown is becoming more and more likely, as Republicans have shown lukewarm response to most Democratic demands.

“This is not a blank check, Republicans are just agreeing to a set of demands from Democrats,” said Thune, R-S.D. “The only way to reform ICE is to agree to a bill.”

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Thune said that as of now, “we are far from having any kind of agreement.”

In addition to ICE and U.S. Customs and Border Protection, the Homeland Security bill also includes funding for the Federal Emergency Management Agency and the Transportation Security Administration. Thune said “there’s a good chance we’re going to see more travel issues” if the Department of Homeland Security shuts down, similar to last year’s 43-day government shutdown.

democratic requirements

Schumer, D-N.Y., said he was “surprised” to hear Republicans say his party’s proposals were political or unworkable.

“This is about people’s basic rights, it’s about people’s safety,” Schumer said. If Republicans don’t like the ideas, he said, “they need to explain why.”

Schumer and New York’s Jeffries made several demands, including a ban on officers wearing masks, judicial orders and better coordination between federal and local authorities. The list they released Wednesday adds several new items, including stricter use-of-force policies, legal safeguards for detention centers and a ban on the use of body cameras to track protesters.

Democrats said Congress should end indiscriminate arrests, “improve warrant procedures and standards,” ensure that the law clearly states that police cannot enter private property without a judicial warrant, and require that before detaining a person, they must verify that they are not a U.S. citizen.

They also want an end to racial profiling, saying Homeland Security officers should be prohibited from stopping, questioning or searching people “based on their presence in certain locations, their employment, their spoken language and accent, or their race and ethnicity.”

For officers conducting immigration enforcement, Democrats said that in addition to officers removing masks and showing identification, the Department of Homeland Security should regulate and standardize uniforms and equipment to bring them in line with other law enforcement agencies.

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Republican boycott

Schumer called it a “gut check moment in Congress” as immigration enforcement actions rock Minneapolis and other U.S. cities. But Republicans were dismissive.

Wyoming’s No. 2 Republican Sen. John Barrasso said the demands were “radical and extreme” and a “far-left wish list.”

Senator Katie Britt, who is helping lead the negotiations, said the list was “a ridiculous list of Christmas demands” and warned that time was running out before the deadline.

“I encourage them to talk to the White House,” she said. “We only have one week left.”

until the last funding bill

Thune also encouraged dialogue between Democrats and the White House. It’s unclear whether they will, or whether Democrats will be willing to give up any of their demands.

Some Republicans have their own demands, including additional legislation that would require Americans to provide proof of citizenship before registering to vote and restrictions on cities that they say do not go far enough in combating illegal immigration.

Sen. Chris Murphy, D-Conn., said Republicans have a responsibility to make sure the government does shut down because they are in charge.

“The American people want this abuse to stop,” Murphy said.

Some hope to make shutdowns less painful

Other lawmakers are looking at options to prevent another partial shutdown.

One idea that has been floated is to provide funding for a number of other agencies within the Department of Homeland Security — the Coast Guard, airport operations under the Transportation Security Administration and disaster relief assistance from the Federal Emergency Management Agency.

“Why not take this off the table?” said Sen. Thom Tillis, R-N.C., who said recent disasters in his state required Federal Emergency Management Agency (FEMA) funding.

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“If it looks like they can’t do the job,” he said of immigration enforcement reform, “I really think they should look at providing single-point funding to agencies.”

Some Democrats said they agreed, but Thune said Thursday that singling out ICE in the Homeland Security funding bill would “defund law enforcement.”

Splitting the bill would essentially cut ICE’s spending, allowing it to no longer receive regular federal funding because the agency already had such a robust budget from last year’s Trump tax cuts and spending cuts.

ICE is expected to receive about $10 billion in annual appropriations, a fraction of the $175 billion earmarked for homeland security as part of the administration’s mass deportation agenda.

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Associated Press writer Stephen Groves contributed to this report.

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