By Richard Cowan
WASHINGTON, Jan 27 (Reuters) – Funding for the Department of Homeland Security and several other U.S. government agencies could expire this week if Republicans and Democrats in the U.S. Congress do not resolve a dispute over immigration agents’ aggressive enforcement efforts.
WHY IS ICE SO CONTROVERSIAL?
President Donald Trump is waging a massive campaign to deport immigrants who are in the country illegally, which also has snared some immigrants with legal status and U.S. citizens.
Trump’s administration has surged agents to several Democratic-led cities including Los Angeles, Chicago, Charlotte, and most recently Minneapolis and St. Paul.
In Minneapolis, residents have been angered by several incidents, including the killing of two U.S. citizens, the detention of a U.S. citizen who was taken from his home in his shorts, and the detention of school children, including a 5-year-old boy.
Meanwhile, six deaths in Immigration and Customs Enforcement detention centers are known to have occurred just this month.
WHAT DO DEMOCRATS WANT?
Democrats have long been calling for tougher controls over immigration agent operations and practices. In the wake of Saturday’s shooting of U.S. citizen Alex Pretti, they are demanding that such reforms be attached to legislation that funds the Department of Homeland Security through September.
That bill was approved last week in the House of Representatives over the objection of most Democrats. The DHS funding was attached to broader legislation that also funds agencies ranging from the Defense Department to those operating medical research, housing and education programs.
Democrats are seeking: a prohibition on ICE detentions or deportations of American citizens; a ban on masks worn by ICE agents; a requirement to wear body cameras; explicit prohibitions on excessive use of force; prohibitions on raids of churches, mosques, synagogues and other places of worship, as well as hospitals and schools; and no absolute immunity from prosecution of agents violating codes of conduct.
Other Democrats have also urged improved training for agents and requiring court-issued warrants for immigration searches and detentions.
Democrats are also seeking to separate DHS spending from the larger package, to avoid disruption to other agencies. They have offered to agree to a temporary funding measure to provide more time for the two parties to find a compromise on additional ICE restrictions.
WHAT DO REPUBLICANS WANT?
Republicans do not want to change the funding bill and are pushing to pass it in the Senate by the January 30 deadline.
Republican Senator Susan Collins of Maine, who chairs the Senate Appropriations Committee, said on Monday that the sprawling package already contains guardrails on ICE behavior.
For example, it provides $20 million for body-worn cameras, lays out protections for pregnant women in DHS custody, and prohibits the destruction of evidence involving the deaths of people in custody.
WHAT HAPPENS IF A DEAL IS NOT REACHED?
Immigration enforcement would likely be unaffected. During the last shutdown in October, DHS deemed 258,000 of its 272,000 employees “essential,” which meant they stayed on the job after funding expired. While essential employees typically do not get paid during a shutdown, Trump’s administration kept pay flowing for immigration agents and other federal law enforcement.
DHS has another stream of funding as well. Last year’s “One Big Beautiful Bill,” which was opposed by most Democrats, includes $75 billion in additional funding for ICE that allows it to significantly increase the size of its workforce and expand detention facilities, as DHS aims to meet Trump’s goal of deporting 1 million people annually.
That money would be available even if Congress does not pass the DHS funding bill.
WHAT’S NEXT?
A large, widespread winter storm has hindered the ability of lawmakers to return to Washington to work on the spending legislation. Senators are expected back in town late on Tuesday, and Republicans and Democrats on Wednesday are scheduled to hold their separate policy lunches. That will be the next opportunity for the 53 Republican senators and 47 members of the Democratic caucus to try to chart their strategies in this battle.
(Reporting by Richard Cowan; Editing by Andy Sullivan and Alistair Bell)
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