More than a third of the 14-day sprint to overhaul the Department of Homeland Security is over. Negotiations, on the other hand, haven’t even started.
Lawmakers have until Feb. 13 to fund Homeland Security agencies, a prospect that hinges on a deal to impose changes at immigration enforcement agencies after agents shot and killed Renee Good and Alex Pretti in Minnesota.
So far, there’s been more discussion of backup plans — another stopgap funding bill, if not another shutdown — than of a compromise on policy changes.
Senate Majority Leader John Thune, R-S.D., is still fuming over the insistence of Democrats on a two-week negotiation — a period, he said, that is too short to yield any progress. Thune also said he doesn’t believe Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Hakeem Jeffries, D-N.Y., want a deal, with Thune particularly calling out Jeffries.
“He and, for that matter, Leader Schumer, both are afraid of their shadows,” Thune told reporters Wednesday. “And they’re getting a lot of pullback and pressure from their left, so I don’t think they want to — particularly in his case — I don’t think he wants to make a deal at all.”
Another shutdown is possible, though this time it would be limited only to DHS. The effects would be limited at Immigration and Customs Enforcement and Customs and Border Protection, which got billions in extra funds in last year’s tax-and-spending law, but the Transportation Security Administration and the Federal Emergency Management Agency would face stricter limits.
Sen. John Kennedy, R-La., predicted a prolonged funding lapse at the department.
“I hope I’m wrong, but I think DHS is going to stay shut down for a while,” Kennedy told reporters Wednesday. “That’s regrettable, because the Democrats want to defund ICE.”
Democrats say a deal can come together quickly. But first, they’ll need to send Republicans an offer.
Schumer said Wednesday that Democrats plan to release their proposal on DHS funding in the next 24 hours. He also called on his Republican colleagues to “get serious” about reforms in his press conference on Wednesday, cautioning that current ICE operations “need” oversight.
The proposal offered by Democrats will likely include language of their three demands they’ve already outlined: end roving patrols, independent oversight by individuals and local governments including a right to sue and an implementation of a “masks off, body cameras on” policy.
Rep. Rosa DeLauro, D-Conn., the top Democrat on the House Appropriations Committee, told reporters this evening that Democrats are “not reinventing the wheel” with their proposal.
“This is plain and simple, bread and butter, common sense proposals,” DeLauro said.
House Minority Leader Hakeem Jeffries, D-N.Y., dodged questions on whether these reforms are red lines on securing funding for DHS.
“Mike Johnson and John Thune rejected the notion that the six appropriations bills should be divided. They rejected that notion,” Jeffries said. “And I’m thankful for what leader Schumer and Senate Democrats did, which is to draw a line in the sand and say, ‘No, it’s not going to go down that way.’ And that’s why we’re at this moment.”
Schumer acknowledged any chance of passing DHS reforms first requires support from the White House. If negotiations don’t make an effort to rein in ICE, Schumer suggested Sen. Katie Britt, R-Ala., the Republican point person for negotiations, “shouldn’t expect” Democratic votes on funding for DHS.
“Leader Thune designated the senator from Alabama, but she’s got to represent the Republican caucus. And we have — we need the White House on board,” Schumer said Wednesday. “We need the Senate Republicans. We need the Senate, the House Republicans on board. And if they’re not serious and they don’t put in real reform, they shouldn’t expect our votes, plain and simple.”
Already, Republicans have pushed back on the mask proposal, saying it risks doxing agents. Sen. Jon Husted, R-Ohio, told reporters that sheriffs in his state support federal agents wearing masks — adding it was also weather-appropriate in Minnesota.
“They were in Minneapolis last week. It was 10-below-zero,” Husted said. “You shouldn’t micromanage the way that works. Plus, they’re putting their lives in danger.”
There is a sliver of interest among Republican lawmakers in changes at ICE. Some Republicans have said they’re frustrated with Kristi Noem’s leadership as Homeland Security secretary, including Sen. Thom Tillis, R-N.C., who has called for her ouster.
Sen. Rand Paul, R-Ky., told MS NOW he’s interested in Democratic proposals to require ICE agents to wear body cameras and the restrictions on masks. He added that he wants cities to cooperate with ICE.
“I don’t think they need to be masked in the courthouse in Chicago,” Paul said. “The bailiffs aren’t masked. The local police aren’t masked. And I think it is inappropriate.”
Democrats insist they won’t need an extension of the Feb. 13 deadline.
“We don’t need a CR,” Sen. Chris Murphy, D-Conn., told reporters. “We can get this done.”
Sen. Ben Ray Lujan, D-N.M., also said lawmakers could strike a deal in a few days.
“I don’t believe that it’s going to take eight days. It should take a few days,” Lujan told MS NOW. “These are reforms that people have talked about for some years.”
Republicans disagree, and they’re starting to discuss backup plans. Britt told reporters she would support a stopgap measure to keep DHS funded beyond Feb. 13.
“Because House Democrats didn’t get on board, we lost all weekend and both days this week,” Britt said Wednesday. “So we haven’t had time to pivot to the next thing, so we need to get a little bit more time.”
Thune said the most realistic outcome may be a continuing resolution that runs the Department of Homeland Security on autopilot through September. He told reporters he’d support a short-term stopgap if it seems like lawmakers are making progress by next Friday.
“It may be the best way to deal with this particular appropriations bill is doing a year-long CR, if that’s what it takes,” Thune said.
But Senate Appropriations Chair Susan Collins, R-Maine, joined Republicans in reminding Democrats the rapid, two-week negotiations were their idea.
“I had suggested that we do a four-week CR but that was rejected,” Collins told MS NOW.
Kevin Frey contributed to this report.
Jack Fitzpatrick covers Congress for MS NOW. He previously reported for Bloomberg Government, Morning Consult and National Journal. He has bachelor's and master's degrees from Arizona State University.
Syedah Asghar
Syedah Asghar covers Congress for MSNBC.