Senate fails to advance funding package ahead of shutdown deadline as ICE talks continue

Washington — The Senate failed to advance legislation to fund major portions of the government on Thursday ahead of a Saturday shutdown deadline, with Democrats demanding reforms to how immigration agencies are carrying out President Trump's agenda. 

The vote to move forward was 45 to 55, falling short of the 60 votes needed to succeed. Seven Republicans bucked their leadership and voted against moving forward, underscoring the need for Democratic support to advance the package for a final vote. Senate Majority Leader John Thune voted no in a procedural move that allows him to bring up the vote again. 

The outcome may prove to be a temporary setback, as talks continue between Democrats and the White House over finding a path forward. The emerging outlines of a deal would strip Department of Homeland Security funding from the package while passing a continuing resolution to fund the department separately while negotiations are ongoing.

Thune told CBS News ahead of the vote that, if it failed, GOP leaders would "take it from there and figure out what the next step is."

Can a shutdown be averted?

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. The bills had been expected to sail through the Senate this week, but the deadly shooting of Alex Pretti by federal agents in Minneapolis prompted Democrats to seek changes to how immigration agencies operate. 

Democrats have for days pledged to oppose the package unless money for DHS, which oversees Immigration and Customs Enforcement and Customs and Border Protection, is removed. With 53 Republicans, GOP leaders need support from Democrats to advance the funding measures.

A resolution to the impasse, which began emerging early Thursday morning, 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.

Democrats must allow the package to move forward before it can be amended to strip out the DHS funding. Maine Sen. Susan Collins, the top GOP appropriator in the Senate, said ahead of the vote that Democrats need to recognize that "if we don't get onto this package, we cannot change this package."

"This morning's vote is about taking the first step, not the final step, to consider the package on the Senate floor," Collins added.

Sen. Patty Murray of Washington, the top Democratic appropriator, said on the floor that she is "very glad to see the White House and Republicans are now talking with Democrats to finalize a plan to pass the five bills and split off DHS." But "until that bill is finalized, I will be a no on this vote," she said.

Should the plan make it through the Senate, it would also require the House's approval, since the lower chamber passed the remaining bills and sent them to the Senate as a package last week. House lawmakers aren't set to return to Washington until Monday, meaning there could be a partial shutdown beginning Saturday, even if all sides agree on the way forward. A short funding lapse would have minimal effects, since most of the government is closed over the weekend anyway.

Thune, asked whether he has assurances that the House would return this weekend, told reporters that his "hope and expectation would be to avoid a government shutdown and do what's necessary to keep the government funded."

"It's not ideal, for sure, and it certainly wasn't our hope," Thune said. "We hoped to process all of the six bills and send them to the White House, but we are where we are, and so we've got to try and sort it out and get the best possible outcome given the hand we've been dealt."

There is little appetite for a prolonged shutdown on Capitol Hill. That stands in stark contrast to last fall's standoff, when both sides were dug in and refused to budge for weeks, leading to the longest shutdown in U.S. history. 

At the White House, Mr. Trump said he was optimistic that a prolonged shutdown could be avoided.

"Hopefully, we won't have a shutdown. We're working on that right now. I think we're getting close," he said at a Cabinet meeting during the Senate vote. "The Democrats, I believe, don't want to see it either. So we'll work in a very bipartisan way I believe not to have a shutdown. We don't want a shutdown."

Still, Democrats have been united about the need for reforms to immigration enforcement policies.

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 willingness 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.

The other five funding bills include money for the Pentagon, the State Department, the Education Department, the Treasury Department and more. Their funding will also lapse at 12 a.m. Saturday absent new legislation, which could prompt them to begin shutdown procedures on Monday. 

A partial shutdown isn't expected to impact immigration enforcement operations, since DHS received an influx of funds in Mr. Trump's One Big Beautiful Bill Act last year.