Senate passes bill to fund ICE for 3 years, without ban on DOJ "anti-weaponization" fund

Washington — Senate Republicans passed long-sought funding for the Department of Homeland Security's immigration enforcement agencies following a marathon vote series that began Thursday and stretched through the night and into Friday morning, approving the reconciliation package despite intense pushback over the administration's "anti-weaponization" fund that had threatened its path forward. 

In a 52 to 47 vote, the Senate approved the roughly $70 billion package to fund Immigration and Customs Enforcement and Border Patrol through the end of the Trump administration. One Republican, Sen. Lisa Murkowski of Alaska, voted with Democrats in opposition. The package now heads to the House. 

After months of opposition from across the aisle, Republicans pursued the funding using budget reconciliation, which avoided the need for Democratic votes to move forward. The vote on final passage came after the chamber held a so-called "vote-a-rama," which spanned more than 18 hours. Senators were able to offer an unlimited number of amendments, requiring the chamber to cast more than two dozen votes. 

The DOJ fund, which would provide taxpayer-funded payouts to individuals who alleged the federal government had been "weaponized" against them, took center stage during Thursday's vote series, despite being unrelated to the funding package. 

The fund became a flashpoint after it was announced last month, derailing GOP leaders' initial plans to hold the vote series ahead of the Memorial Day recess. When senators returned this week, GOP leaders worked to gain assurances from the administration on abandoning the fund, and acting Attorney General Todd Blanche testified before a House committee that "we are not moving forward." But his refusal to put anything in writing, and the president's continued praise for the plan, left some senators skeptical.

Democrats attempted to capitalize on the Republican discomfort. In the first vote of the series Thursday, a Democrat-led gambit to eliminate the fund failed in a 49 to 50 vote. The amendment would have sent the funding package back to the Judiciary Committee, with instructions to prevent money from going to the DOJ fund. Three Republicans, Sens. Susan Collins of Maine, Jon Husted of Ohio and Dan Sullivan of Alaska, joined Democrats in favor of the amendment, which required a simple majority of the chamber. All three Republicans are facing competitive reelection bids in November.

Despite falling short, the amendment vote exposed a GOP rift as Husted, Sullivan and Sen. Bill Cassidy of Louisiana refrained from voting for more than two hours, while Cassidy appeared to negotiate with GOP leaders. Cassidy, who lost his primary last month after the president endorsed his opponent, has been outspoken about his opposition to the fund. He ultimately voted against the amendment.

Shortly after, another amendment related to the fund failed to secure enough support. The amendment, put forward by Sen. Thom Tillis of North Carolina, would have redirected the money from the DOJ fund to fraud enforcement. It was supported by Cassidy, Collins, Husted, Murkowski and Sullivan, along with Sens. John Cornyn of Texas, John Curtis of Utah, Joni Erst of Iowa, Jerry Moran of Kansas, Mike Rounds of South Dakota and Todd Young of Indiana. Three Democrats, Sens. Catherine Cortez Masto, Amy Klobuchar of Minnesota and Maggie Hassan of New Hampshire, voted in favor.

A number of other amendments aimed at restricting the fund gained support on both sides of the aisle throughout the day Thursday. But none cleared the 60-vote threshold that most amendments required.

In the middle of the night, an amendment that would have redirected the fund to benefit members of law enforcement who defended the Capitol on Jan. 6 was defeated, 52 to 46. It needed 60 votes to pass. It was proposed by Cassidy and Democratic Sen. Chris Van Hollen of Maryland.

Sen. Rand Paul of Kentucky spoke for most Republicans who opposed the amendment, calling it a poison pill. Along with Cassidy, it was supported by Collins, Husted, Murkowski, Sullivan and Tillis.

Amid the skepticism from some Republicans about the future of the DOJ fund, Senate Majority leader John Thune stood by Blanche's comments, telling reporters as the vote-a-rama kicked off that the statement was "definitive."

"I know that the president has mixed views about this, but the person who would set that up would be the attorney general," Thune said. 

The fight over the DOJ fund came after Republicans were already forced to do away with funding related to the president's renovation of the White House's East Wing, where he plans to build a massive ballroom. The initial reconciliation package included $1 billion for the Secret Service for security related to the complex. But it was stripped from the final bill after pushback from a number of Senate Republicans.

Thursday's vote marks the beginning of bringing to an end a long saga over fiscal year 2026 government funding, which prompted a 43-day shutdown last fall, followed by a partial government shutdown earlier this year. With the rest of the government funded, Republicans are looking to close the loop on the final agencies, while guaranteeing they remain funded through the end of the Trump administration.

"Why are we doing this bill?" Thune said on the Senate floor as the chamber convened Thursday morning. "We are here today only because Democrats refuse to appropriate a single dollar for our border and immigration law enforcement."