Senate Unanimously Passes Partial DHS Funding, Leaving Out ICE and Border Patrol

Key Takeaways

• The Senate unanimously passed a measure to fund most DHS components except ICE and border patrol during a rare overnight session.
• Senate Majority Leader John Thune stated the plan aims to fund everything but ICE and Customs and Border Protection for now.
• Democrats celebrated the agreement for funding TSA and Coast Guard while rejecting funding for what they call a "lawless" agency.
• The standoff has already caused pay delays for TSA agents and significant flight disruptions before the planned recess.

In a rare overnight session on Friday morning, the US Senate unanimously moved to advance legislation that would fund the majority of the Department of Homeland Security, deliberately excluding Immigration and Customs Enforcement and a portion of Customs and Border Protection. This decisive vote comes after negotiations collapsed earlier that Thursday, prompting senators to seize the opportunity to resolve a funding standoff that has already halted pay for thousands of federal workers.

The agreement, which would restore operations for components like the Transportation Security Administration and the US Coast Guard, was pushed through by unanimous consent after it became clear that a complete package including the excluded agencies was unattainable at that moment. Senate Majority Leader John Thune, addressing reporters on his way to the floor in the early hours of Friday, confirmed the scope of the legislation, stating that while they could not fund the entire department immediately, they intended to execute on as much of the DHS funding as possible that night.

The legislative move marks a critical, albeit partial, step to end the impasse. Thune explained that the Senate would focus on moving the funding they had agreed upon, with the intention of addressing the remaining agencies later. "We're gonna execute on as much of DHS as we can tonight, and then we'll fund the rest of it later," Thune told the press. Despite the progress, the path remains uncertain as the House of Representatives must still act before the funded agencies within the department can officially reopen their doors.

Frustration on Capitol Hill has reached new heights as the standoff has withheld pay for thousands of TSA agents and other DHS workers, resulting in major travel delays and scores of missed flights across the nation. Senators are pushing to resolve the issue before a scheduled two-week recess, recognizing that the continued disruption is becoming untenable for the public and the agencies themselves. Thune noted that while the current bill excludes ICE and border patrol, Republicans had previously made provisions to fund these agencies as part of a massive domestic policy package enacted last year.

Thune highlighted that the current situation was anticipated by the party leadership, noting, "The good news is we anticipated this a year ago." He explained that one of the reasons they "frontloaded, pre-loaded" the previous bill was specifically because they expected this type of legislative gridlock would occur. "It did," he added, suggesting that the financial mechanisms to fund the excluded agencies already exist within the broader legislative framework, even if the current standalone bill excludes them.

The political dynamics surrounding this vote have been sharp, with Thune noting that he had spoken with President Donald Trump earlier on Thursday before the President announced a directive for DHS to pay TSA agents even if the department remained unfunded. Thune clarified that the President anticipated the Senate's attempt to secure a funding solution. However, Thune expressed uncertainty regarding the House of Representatives' response, admitting, "I don't know what the House will do," though he hoped they would be available to take up the measure.

Senate Minority Leader Chuck Schumer praised his caucus for standing united during the negotiations. Schumer declared that the agreement was a victory for security, stating, "In the wake of the murders of Renee Good and Alex Pretti, Senate Democrats were clear: no blank check for a lawless ICE and border patrol." He emphasized that the current agreement funds the TSA, Coast Guard, FEMA, and CISA, while strengthening security at the border in the ports of entry without providing funds to the excluded agencies.

Schumer's statement drew a sharp rebuttal from Thune, who argued that Democrats had lost the opportunity to leverage changes to ICE protocols. "I still think it's unfortunate," Thune said, pointing out that Democrats demanded reforms but ended up getting none. He accused them of prioritizing politics over policy, stating, "Democrats didn't actually want a solution. They wanted an issue. Politics over policy, self-interest over reform, pandering to their base instead of actually solving the problem."

Thune maintained that while Republicans had tried to work with Democrats on reforms, the final result was a bill that excluded the very agencies Democrats had demanded reforms for. The Senate Majority Leader reiterated that the Democrats had wanted specific changes to ICE tactics that were not included in the final vote, leaving the party without the leverage they sought.

Senate Action on DHS Funding Sparks Future Debate

The Senate's unanimous vote to fund most of the Department of Homeland Security while excluding ICE and Customs and Border Protection establishes a temporary financial lifeline for critical agencies like the TSA and Coast Guard, yet it leaves the status of the excluded agencies in limbo. With Thune acknowledging that the House must still act and that the excluded agencies have advanced funding provisions from a previous year, the immediate crisis of unpaid workers and travel delays may abate for many. However, the political rift remains, as Democrats maintain their stance against funding ICE without reforms and Republicans claim the issue was anticipated and pre-funded. Future developments will likely depend on whether the House adopts the Senate's partial measure or if further negotiations are required to resolve the lingering funding gap for border security components before the scheduled recess.