Democrats send counteroffer on ICE reforms to Republicans as DHS shutdown continues

Washington — Democrats sent a counteroffer on overhauling immigration enforcement to the White House and Republicans on Monday, the latest development in talks over how to fund the Department of Homeland Security.

Funding lapsed on Saturday for DHS, which oversees Immigration and Customs Enforcement and Customs and Border Protection. Democrats vowed to oppose funding without reforms to ICE and CBP following two deadly shootings by federal agents during the immigration crackdown in Minneapolis last month.

A short-term funding extension aimed at giving negotiators more time to reach a deal ended late last week without a resolution, though Democrats and the White House traded proposals and draft legislation. A spokesman for Senate Minority Leader Chuck Schumer confirmed Democrats made their latest offer late Monday, but details weren’t immediately clear.

Lawmakers are away from Washington on recess this week as the negotiations continue. Congressional leaders say members would be called back should a deal be reached. But comments from both sides in recent days have indicated that no agreement is imminent.

A White House official said Tuesday that “the parties are still pretty far apart.” 

Spokespeople for Schumer and House Minority Leader Hakeem Jeffries said later Tuesday they’ve “continued working through language and additional issues to make progress, but Republicans have largely ignored the core guardrails Americans are demanding.”

Schumer reiterated Democrats’ demands in an interview on CNN on Sunday. He said Democrats have “three basic objectives to rein in ICE and end the violence,” including the end of roving patrols and barring ICE agents from entering certain places; a use-of-force code for immigration enforcement agents; and requiring agents not to wear masks and to don body cameras. 

“These are common-sense proposals, they’re supported by the American people,” Schumer said. “Why won’t the Republicans go for them? They don’t give any good answers. It’s something that every police department does across the country, but ICE is rogue, out of control.”

Democrats first outlined a longer list of the demands late last month. And although there’s appeared to be some common ground with Republicans on some of the proposals, like the use of body cameras, other issues have been divisive. 

President Trump told reporters aboard Air Force One on Monday that he would sit down with Democrats this week on DHS funding. But he said “I don’t like some of the things they’re asking for.”

“We’re going to protect law enforcement,” Mr. Trump said. “We’re going to protect ICE.”

Democrats’ demand that federal immigration agents be required to do away with masks has faced strong pushback from Republicans, who say it’s a matter of safety. White House border czar Tom Homan said on “Face the Nation” Sunday that while he doesn’t like that agents wear masks, he believes they need to wear them to protect themselves, citing an increase in assaults and threats.

In the meantime, funding for DHS remains in limbo. ICE and CBP will continue operating due to an influx of funds in the One Big Beautiful Bill Act passed last year. But the department also includes the Transportation Security Administration, the Coast Guard and the Federal Emergency Management Agency, all of which are impacted by the shutdown. Most employees at those agencies continue to work during a shutdown, but don’t get paid until it’s over. 

How long the department’s shutdown could last remains to be seen. Unless a deal is struck, lawmakers aren’t set to return to Washington until Feb. 23, a day before Mr. Trump is scheduled to deliver the State of the Union address. 

Asked Monday whether he would still deliver the State of the Union if the funding lapse hasn’t been resolved, Mr. Trump said “I think I would.”

“It wouldn’t bother me,” the president added.