Partial shutdown seems increasingly likely as Democrats demand ICE changes

Litigation Reports

With a partial government shutdown looming, Senate Democrats laid out a list of demands Wednesday for the Department of Homeland Security, including an enforceable code of conduct for federal agents conducting immigration arrests and a requirement that officers show identification as the country reels from the deaths of two protesters at the hands of federal agents in Minneapolis.

It remained unclear if President Donald Trump and Republicans would be willing to meet those demands, even as funding for DHS and a swath of other government agencies was at risk of expiring Saturday. Irate Democrats have pledged to block a spending bill unless their demands for reforms are met.

Senate Democratic leader Chuck Schumer said Wednesday that the legislation won’t pass until U.S. Immigration and Customs Enforcement is “reined in and overhauled.”

“The American people support law enforcement, they support border security, they do not support ICE terrorizing our streets and killing American citizens,” Schumer said.

With an uncertain path ahead, the standoff threatened to plunge the country into another shutdown just two months after Democrats blocked a spending bill over expiring federal health care subsidies, a dispute that closed the government for 43 days as Republicans refused to negotiate. That shutdown ended when a small group of moderate Democrats broke away to strike a deal with Republicans, but Democrats are more united this time after the fatal shootings of Alex Pretti and Renee Good by federal agents.

There’s a lot of “unanimity and shared purpose” within the Democratic caucus, Minnesota Sen. Tina Smith said after a lunch meeting Wednesday.

“Boil it all down, what we are talking about is that these lawless ICE agents should be following the same rules that your local police department does,” Smith said. “There has to be accountability.”

As the administration’s aggressive immigration enforcement surge goes on, Schumer said Democrats are asking the White House to “end roving patrols” in cities and coordinate with local law enforcement on immigration arrests, including requiring tighter rules for warrants.

Democrats also want an enforceable code of conduct so agents are held accountable when they violate rules. Schumer said agents should be required to have “masks off, body cameras on” and carry proper identification, as is common practice in most law enforcement agencies.

The Democratic caucus is united in those “commonsense reforms” and the burden is on Republicans to accept them, Schumer said. He has asked Republicans to separate out the Homeland Security bill from the others to avoid a broader shutdown.

Senate Majority Leader John Thune, R-S.D., has said he was waiting for Democrats to outline what they want, and he suggested that they need to be negotiating with the White House. He indicated that he might be open to some of their demands, but encouraged Democrats and the White House to talk and find agreement.

It was unclear whether Trump would weigh in, or how seriously the White House was engaged — or whether the two sides could agree on anything that would satisfy Democrats.

The White House had invited some Democrats for a discussion to better understand their positions and avoid a partial government shutdown, a senior White House official said, but the meeting did not happen. The official requested anonymity to discuss the private invitation.

With no serious negotiations underway, a partial shutdown appeared increasingly likely starting Saturday.

The House passed the six remaining funding bills last week and sent them to the Senate as a package, and that makes it difficult to strip out the homeland security portion as Democrats are demanding. Republicans could break the package apart with the consent of all 100 senators, which would be complicated, or through a series of votes that would extend past the Friday deadline.

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