Senate to vote on advancing funding package as Democrats push for ICE reforms

Washington — The Senate is set to take a procedural vote Thursday morning on a package to fund the remaining government agencies and programs, with less than two days to avoid a partial government shutdown. But Democrats say they won't allow the package to move forward without reforms to immigration enforcement.

Though Congress has approved six of the 12 measures to fund the government, many agencies and programs will begin shutting down on Saturday unless the funding is approved. And although the final funding package had been expected to sail through the Senate this week, the deadly shooting of Alex Pretti by Border Patrol agents in Minneapolis over the weekend prompted Democrats to seek changes to how immigration agencies operate. 

Democrats have pledged to oppose the package unless a funding measure for the Department of Homeland Security, which oversees Immigration and Customs Enforcement and Customs and Border Protection, is stripped out. With 53 Republicans, support from Democrats is needed to reach the 60-vote threshold to advance the legislation. The procedural vote is set for 11:30 a.m. ET.

Can a shutdown be averted?

An emerging resolution to the impasse would involve the Senate removing the DHS funding bill from the six-bill package and passing the remaining five bills. Senators would then approve a continuing resolution to fund DHS at current levels while talks about reforming ICE practices continue.

That path would require the House's approval, since the lower chamber passed the bills as a package last week. House lawmakers aren't set to return to Washington until Monday, meaning there could be a partial shutdown over the weekend, even if all sides agree on the way forward. A short funding lapse would have minimal effects, since most of the government is closed on the weekend anyway.

There is little appetite for a prolonged shutdown on Capitol Hill, a stark contrast to last fall's standoff, when both sides were dug in and refused to budge for weeks.

For now, Senate Republicans are moving ahead with their original plan, encouraging Democrats to negotiate with the administration over reforms to immigration enforcement rather than seeking a legislative fix that could risk a partial shutdown. 

"Until ICE is properly reined in and overhauled legislatively, the DHS funding bill doesn't have the votes to pass the Senate," Senate Minority Leader Chuck Schumer said Wednesday.

Schumer outlined Democrats' demands on Wednesday, which include ending roving patrols and tightening rules governing the use of warrants. He said Democrats are also seeking a uniform code of conduct and accountability to hold federal agents to the same use-of-force policies as state and local law enforcement. Finally, Schumer said Democrats want a "masks off, body cameras on" policy for federal agents. 

The demands represent policy areas that Democrats believe must be addressed, Schumer said, while indicating that they're willing to negotiate on a proposal with Republicans and the White House.

Discussions were ongoing Thursday morning, according to a source familiar with the talks, who said the negotiations are moving in the direction of the Democrats.

Senate Majority Leader John Thune said ahead of Schumer's announcement that he would "reserve optionality" to consider passing the five other funding bills along with a short-term continuing resolution for DHS, but he said "the best path forward" is to keep the package intact. 

Thune said "if there are things that the Democrats want that the administration can agree with them about, then let's do that." But Democrats have stressed that the reforms they seek must come through Congress, not the White House.

Beyond DHS, agencies including the Pentagon, the State Department, the Education Department and the Treasury Department would also see their funding lapse beginning at 12 a.m. Saturday, prompting them to begin shutdown procedures. But the lapse in funding isn't expected to impact immigration enforcement operations, since DHS received an influx of funds in President Trump's One Big Beautiful Bill Act last year.