Homeland Security shutdown grows more likely as Republicans rebuff
Democrats' ICE demands
[February 06, 2026]
By MARY CLARE JALONICK and LISA MASCARO
WASHINGTON (AP) — Senate Majority Leader John Thune said Thursday that
demands made by Democrats for new restrictions on federal immigration
officers are “unrealistic” and warned that the Department of Homeland
Security will shut down next week if they do not work with Republicans
and the White House.
Democrats say they will not vote for a DHS spending bill when funding
runs out unless there are “dramatic changes” at U.S. Immigration and
Customs Enforcement and other federal law enforcement agencies in the
wake of the fatal shootings of two protesters in Minneapolis last month.
The Democratic leaders, Sen. Chuck Schumer and Rep. Hakeem Jeffries,
released an expanded list of 10 detailed proposals on Wednesday night
for restraining President Donald Trump’s aggressive campaign of
immigration enforcement. Among the demands are a requirement for
judicial warrants, better identification of DHS officers, new use of
force standards and a stop to racial profiling.
Congress is trying to renegotiate the DHS spending bill after Trump last
week agreed to a Democratic request that it be separated from a larger
spending measure and extended at current levels for two weeks while the
two parties negotiate. The deal came after ICU nurse Alex Pretti was
shot and killed by a U.S. Border Patrol officer in Minneapolis on Jan.
24, and some Republicans agreed that new restrictions were necessary.
But with nearly a week gone, a shutdown is becoming increasingly likely
starting Feb. 14 as Republicans have been cool to most of the Democrats’
requests.

“This is not a blank check situation where Republicans just do agree to
a list of Democrat demands,” said Thune, R-S.D. “The only way to get
reforms to ICE is to agree to a bill.”
As of now, Thune said, “we aren’t anywhere close to having any sort of
an agreement.”
In addition to ICE and U.S. Customs and Border Protection, the homeland
security bill includes funding for the Federal Emergency Management
Agency and the Transportation Security Administration. If DHS shuts
down, Thune said, “there’s a very good chance we could see more travel
problems” similar to the 43-day government closure last year.
Democratic demands
Schumer, D-N.Y., said he is “astounded to hear” Republicans say his
party’s proposals were political or unworkable.
“It’s about people’s basic rights, it’s about people’s safety,” Schumer
said. If Republicans do not like the ideas, he said, “they need to
explain why.”
Schumer and Jeffries, D-N.Y., have made several demands, including no
masks for officers, judicial warrants and better federal coordination
with local authorities. The list they released Wednesday added several
new items, including a stricter use-of-force policy, legal safeguards at
detention centers and a prohibition on tracking protesters with
body-worn cameras.
Democrats say Congress should end indiscriminate arrests, “improve
warrant procedures and standards,” ensure the law is clear that officers
cannot enter private property without a judicial warrant and require
that before a person can be detained, it's verified that the person is
not a U.S. citizen.
They also want an end to racial profiling, saying DHS officers should be
prohibited from stopping, questioning or searching people "based on an
individual’s presence at certain locations, their job, their spoken
language and accent or their race and ethnicity.”
For officers conducting immigration enforcement, Democrats say that in
addition to officers taking off their masks and showing identification,
DHS should regulate and standardize uniforms and equipment to bring them
in line with other law enforcement agencies.
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Senate Majority Leader John Thune, R-S.D., arrives for the Senate
Prayer Breakfast, at the Capitol in Washington, early Feb. 5, 2026.
(AP Photo/J. Scott Applewhite)

Republican pushback
Schumer called it a “gut check moment for Congress" as the immigration
enforcement operations have rocked Minneapolis and other U.S. cities.
But Republicans were dismissive.
Wyoming's John Barrasso, the No. 2 Republican senator, said the demands
are “radical and extreme” and a “far-left wish list.”
Sen. Katie Britt, who is helping lead negotiations, said the list is “a
ridiculous Christmas list of demands" and warned that time is running
out before the deadline.
“I encourage them to talk to the White House,” she said. “We only have
one week left.”
Down to the last funding bill
Thune has also encouraged Democrats and the White House to talk. It is
unclear whether they are or whether Democrats would be willing to back
down on any of their demands.
Some Republicans have demands of their own, including adding legislation
that would require proof of citizenship before Americans register to
vote and restrictions on cities that they say do not do enough to crack
down on illegal immigration.
Sen. Chris Murphy, D-Conn., said it is up to Republicans to ensure the
government doesn't shut down because they are in charge.
“The American people want this abuse to stop,” Murphy said.
Some look to limit shutdown pain
Other lawmakers are searching for options to prevent another partial
shutdown.
One idea being floated is to essentially fund some of the other agencies
within DHS -– the Coast Guard, airport operations under TSA and disaster
assistance from FEMA.
“Why not take that off the table?” said Republican Sen. Thom Tillis of
North Carolina, whose state is in need of FEMA funds from recent
disasters.
“If it doesn’t look like they can get it done,” he said about the
immigration enforcement overhaul. “I really think they should look at a
la carte funding of agencies.”

Some Democrats have said they agree, but Thune said Thursday that
splitting apart the DHS appropriations bill to single out ICE would
“defund law enforcement.”
Splitting the bill would mean essentially cutting ICE loose by allowing
it to go without its routine federal funding because the agency already
has such a robust budget from Trump’s tax and spending cut bill from
last year.
ICE is expected to receive about $10 billion in the annual
appropriations bill, a fraction of the $175 billion-plus for homeland
security for the administration’s mass deportation agenda.
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Associated Press writer Stephen Groves contributed to this report.
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