Senate Democrats Block DHS Measure as Funding Deadline Approaches
Lawmakers say they remain far apart on deal for Homeland Security to put new restrictions on immigration enforcement
Lindsay Wise and Anvee Bhutani Updated Feb. 12, 2026 WSJ
WASHINGTON—The Department of Homeland Security is on the verge of a shutdown after Senate Democrats voted to block a bill to fund the agency, saying negotiations with Republicans to put new restrictions on immigration enforcement hadn’t made enough progress.
A bill to fund DHS through September failed to advance with 52 in favor and 47 opposed, short of the 60 votes required. Republicans control the Senate 53-47 but need Democratic support to pass most bills due to the longstanding filibuster rule.
Democratic Sen. John Fetterman of Pennsylvania voted with Republicans to advance the bill, while Senate Majority Leader John Thune (R., S.D.) switched his vote from yes to no to preserve his ability to bring the bill up again. Sen. Mitch McConnell (R., Ky.) was absent.
DHS oversees Immigration and Customs Enforcement and Customs and Border Protection as well as the Federal Emergency Management Agency, the Transportation Security Administration and the U.S. Coast Guard. While the failed vote sets the stage for funding to lapse at DHS for at least a week, there isn’t expected to be any significant impact on border enforcement from the shutdown.
Democrats have demanded that Republicans agree to an overhaul of DHS as a condition of funding it, following the fatal shootings of two American citizens by federal immigration officers in Minnesota last month. Earlier Thursday, the Trump administration said it was ending its immigration crackdown in the state amid public outcry.
Lawmakers have passed legislation to fund every other part of government through the end of the fiscal year in September, but they split off the DHS bill to allow time for more negotiations. A two-week stopgap funding patch expires after Friday.
“If they don’t propose something that’s strong, that reins in ICE, that ends the killing—don’t expect our votes,” said Senate Minority Leader Chuck Schumer (D., N.Y.).
Senate Majority Leader John Thune (R., S.D.) was pessimistic about the potential for a deal on DHS funding.Michael M. Santiago/Getty Images
Democrats want an end to roving street patrols by immigration agents, tighter rules governing warrants and use of force, independent investigations for officer misconduct and a prohibition on agents wearing masks. They also want to require agents to use body cameras and carry identification. Republicans have rejected some of the ideas—notably on masks—and have introduced their own demand to end so-called sanctuary cities.
President Trump said Thursday that Democratic demands will make law enforcement officers “totally vulnerable” and “put them in a lot of danger.” He added that some of the demands are “very hard to approve…We have to protect our law enforcement.”
Thune was so downbeat about the potential for a deal that he allowed senators to go ahead with their plans to leave Washington for a weeklong recess, despite the imminent shutdown, while making clear they might need to return quickly to vote. Both the Senate and the House are scheduled to be out of session next week because of the Presidents Day holiday, and many lawmakers are headed to a security conference in Munich this weekend.
If DHS funding lapses, essential workers will continue to report to their jobs, while other workers could be furloughed. Also, ICE and Customs and Border Protection have additional funding from Trump’s tax law last year that could be tapped to keep their operations running and avoid missed paychecks. Other workers in DHS could start to miss pay if the shutdown drags on.
A bill to fund DHS through September failed to advance with 52 in favor and 47 opposed, short of the 60 votes required.
In a speech ahead of the vote, Thune complained that Democrats were rejecting “a reasonable good-faith offer” from the White House, though he didn’t say what that offer entailed. “Now, I’m not sure if Democrats thought the White House would just agree to every one of their demands or what, but they cannot reasonably expect to reach an agreement without actual negotiations from both sides,” he said.
Democrats on Saturday released a draft legislative text that included their proposals. The White House sent text of a counteroffer to Democrats late Wednesday, but none of the negotiators have publicly released it or described its contents.
Several Democratic senators said earlier this week that the White House has rejected key parts of Democrats’ demands.
A border patrol truck near the border wall this month in Nogales, Ariz. Ash Ponders/Bloomberg News
“I see no sign that they’re willing to accept the core protections: judicial warrants, body cameras, a right of action against ICE agents who break the law,” said Sen. Richard Blumenthal (D., Conn.).
Sen. John Barrasso (R., Wyo.), the No. 2 Senate Republican, in a speech Thursday, said that Republicans thought “many of the Democrat demands would undermine public safety and the rule of law, and so do the American people. They agree with us.”
In a sign of how dug in Democrats are, centrists who opposed the record-length government shutdown in the fall—largely over a failed effort to extend enhanced Affordable Care Act subsidies—said this week they would oppose even a short-term funding patch to keep DHS open for a matter of weeks while negotiations continued.
“I am not going to support [a stopgap bill] if my Republican colleagues can’t come to the table and work with us right now and get this done,” said Sen. Catherine Cortez-Masto (D., Nev.), who voted against the last shutdown.
Cortez-Masto said she didn’t think the GOP and the White House were working in good faith with Democrats on overhauling the department.
“All we’re proposing is that ICE abide by the same rules that police forces—state police and municipal police—abide by across the country,” said Sen. Angus King (I., Maine), who caucuses with Democrats and opposed last fall’s shutdown. “Pretty straightforward.”
