Controversy over ICE and Minnesota shakes up vote to avoid government shutdown: All hinges on DHS funding

Republicans in the Senate scheduled the vote to avoid a new government shutdown for next Thursday, January 29, one day before the deadline. While everything seemed to be on track, the national controversy over immigration operations in Minnesota added a bit of uncertainty to the vote, with many Democratic senators calling for funding modifications to the Department of Homeland Security (DHS).

In recent weeks, Congress approved almost all the appropriations necessary to fund the government and avoid a shutdown, as occurred in November. However, controversy has arisen regarding the operations of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

The House of Representatives approved the homeland security chapter on January 22. Precisely, it was the one with the closest vote: 220 to 207.

In terms of content, the appropriations bill maintains last year's spending for ICE and allocates $20 million for the purchase and operation of body cameras for ICE and CBP agents. It also restricts the ability of Homeland Security Secretary Kristi Noem to allocate federal funds on a discretionary basis. Seven House Democrats voted with Republicans to approve it.

It also includes numerous reporting requirements that, if not met, would stop the flow of money to immigration operations.

Susan Collins (R-ME), chairwoman of the Senate Appropriations Committee, spoke with Secretary Noem on Monday, without revealing details of the conversation. She did state that, because of Democratic pressure, some additions could be negotiated to avoid another shutdown.

"I think there might be a way to add some further reforms or procedural protections, but those discussions are ongoing," Collins told some reporters on Capitol Hill, remarking that the changes needed to be negotiated by Senate Republican Majority Leader John Thune (R-SD).

"I understand how this has changed the conversation, but I still think if there are things the Democrats want in the Homeland bill or addressed in the context of the situation that they ought to make those clear and known and see to what degree the administration may be able to address them. So, I would prefer that there be a way that we keep the package together," Thune said.

On the other side, Chuck Schumer (D-NY), Senate Democratic minority leader, asserted that the bill as written can no longer pass: "It must be reworked to rein in and overhaul ICE to ensure the public's safety. The fix should come from Congress. The public can't trust the administration to do the right thing on its own."

Because of Senate rules, Republicans need 60 votes to avoid a shutdown, which means they need at least 7 Democratic votes.