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“An Impossibility”: ICE-Reform Talks Stall as DHS Shutdown Looms

“An Impossibility”: ICE-Reform Talks Stall as DHS Shutdown Looms
Senate Majority Leader John Thune, R-S.D., said the Democrats' proposal is a "nonstarter." (Heather Diehl / Getty Images)(Heather Diehl)

Congress is at an impasse over ICE reforms and DHS funding with a Feb. 13 deadline looming. Democrats issued a 10-point reform package that would require agents to display ID, obtain judicial warrants for more entries and avoid sensitive locations; Republicans dismissed many demands as unrealistic. GOP leaders also want measures such as defunding sanctuary cities and may try to attach the controversial SAVE Act to a funding bill. With limited time, lawmakers say White House intervention or a short stopgap measure may be required to prevent a shutdown.

WASHINGTON — Lawmakers remain deadlocked over reforms to Immigration and Customs Enforcement (ICE) and funding for the Department of Homeland Security (DHS), with a potential shutdown set to take effect on Feb. 13. Negotiations showed little progress as leaders from both parties left Washington for a long weekend.

What’s At Stake

If Congress fails to approve DHS funding by Feb. 13, nonessential parts of the department would shut down. The administration would continue to operate components it deems essential — including the Transportation Security Administration, the Federal Emergency Management Agency and the Coast Guard — but many employees could be furloughed or required to work without pay. Funding already allocated for ICE under a Trump-era package would remain unaffected.

Why Talks Have Stalled

Democrats, responding to public outrage after two Minneapolis deaths involving federal agents, released a 10-point list of reforms aimed at curbing aggressive immigration enforcement tactics. The package, led publicly by House Minority Leader Hakeem Jeffries and Senate Minority Leader Chuck Schumer, calls for measures including:

  • Requiring agents to operate unmasked and visibly display identification;
  • Mandating judicial warrants for a broader set of enforcement actions — including certain home entries — that ICE does not currently require;
  • Restricting enforcement at sensitive locations such as schools, places of worship and hospitals;
  • Other procedural and accountability reforms intended to make enforcement more transparent and limited.

Republican Response

Senate Majority Leader John Thune (R-S.D.) dismissed the Democratic package as "totally unrealistic," saying the list ballooned from a few items to 10 and that many proposals were nonstarters. He warned that some measures — such as forcing agents to identify themselves in the field — could expose officers to safety risks.

"It's totally unrealistic. Their demand list went from three items to 10 items. It just shows you they're not serious yet," Thune said, adding that "there's a bunch of stuff in there that's a nonstarter."

Republicans have also pushed their own conditions, most prominently efforts to cut federal funding to so-called "sanctuary cities" that decline to turn over undocumented immigrants to federal authorities. Sen. Eric Schmitt (R-Mo.) said negotiations should begin with ending sanctuary-city policies.

Political Maneuvers And Possible Add-Ons

House Speaker Mike Johnson (R-La.) suggested attaching the SAVE Act — a GOP-backed measure requiring proof of citizenship to register to vote — to DHS funding. Democrats strongly oppose the measure, arguing it is unnecessary and would risk disenfranchising eligible voters, making passage in the Senate unlikely.

Limited Agency Steps And Sticking Points

DHS has announced some administrative changes, such as requiring body cameras for agents in Minneapolis, but Democrats — including moderates — insist any meaningful reforms be enacted into law so they cannot be easily reversed. That demand remains a central sticking point for those considering whether to support a funding bill.

Leadership And Next Steps

Some senators said White House intervention may be needed to break the impasse with only days left before funding expires. Both parties signaled that staff-level conversations are ongoing, but public statements from leaders indicate scope for negotiation is limited.

Sen. Chuck Schumer (D-N.Y.) said: "Nothing will get done until we know what the Republicans are for. They have to get their act together."

With time running short, lawmakers are weighing options that include a short-term continuing resolution to buy more time, though House Democrats have said they would not support another stopgap measure. The coming days will determine whether negotiators can bridge the gap or whether parts of DHS will be forced to pause nonessential operations.

Key Quotes

"These demands are demands, not requests, not proposals. In my view, they are the minimum that ought to be required of the Department of Homeland Security," — Sen. Richard Blumenthal (D-Conn.).
"We're not going to do anything that kneecaps ICE's ability to do their jobs... If you want to have a real conversation, to me, it starts with ending sanctuary cities," — Sen. Eric Schmitt (R-Mo.).

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