Senate Advances Contested Plan to Fund ICE and Border Patrol as Homeland Security Shutdown Stalemate Deepens

The Senate early Thursday advanced a contentious plan to partially reopen the Department of Homeland Security, approving a budget framework aimed at funding Immigration and Customs Enforcement (ICE) and the Border Patrol—despite unified Democratic opposition—and sending the measure to the House for consideration.

The department has remained shuttered since mid-February, following Democratic demands for policy reforms after federal agents fatally shot two protesters in Minneapolis. With bipartisan negotiations stalled, Republicans have turned to budget reconciliation—a complex legislative pathway that allows passage with a simple majority—to secure funding for the two immigration enforcement agencies. The same process was used last year to pass Donald Trump’s tax and spending package without Democratic support.

Senate Majority Leader John Thune framed the move as a necessary step toward restoring border security, acknowledging the procedural hurdles ahead but expressing confidence in the outcome. “We have a multistep process ahead of us,” Thune said, “but in the end, Republicans will help ensure America’s borders are secure and prevent efforts to defund these agencies.”

Unlike most Senate legislation, which requires 60 votes to overcome a filibuster, reconciliation allows Republicans—who currently hold 53 seats—to proceed without Democratic backing. However, the process invites rigorous review from the Senate parliamentarian and includes lengthy, open-ended amendment votes, often stretching overnight.

That dynamic was on full display as senators entered a marathon voting session beginning Wednesday evening. Democrats used the opportunity to introduce amendments focused on lowering healthcare and living costs, drawing a sharp contrast with the GOP’s emphasis on immigration enforcement. Senate Minority Leader Chuck Schumer argued that Republicans should prioritize easing financial burdens on Americans rather than allocating hundreds of billions toward enforcement agencies.

The Senate ultimately adopted the resolution in a 50–48 vote shortly after 3:30 a.m. The framework proposes $70 billion in funding for ICE and Border Patrol over the next three years, covering the remainder of Trump’s current term. Final passage, however, depends on approval from the House and clearance by the Senate parliamentarian before lawmakers can move forward with the full measure.

While the Senate has already passed a separate bipartisan bill to fund the rest of the Department of Homeland Security, House Republican leaders have refused to take it up until progress is made on immigration enforcement funding. Speaker Mike Johnson has emphasized that sequencing remains critical, warning against funding the broader department without addressing ICE and Border Patrol first.

The path ahead remains uncertain. Some Republicans view the reconciliation bill as their final opportunity this year to advance broader policy goals, including agricultural funding and Trump-backed election legislation such as the SAVE America Act. Senator John Kennedy briefly delayed proceedings in protest over the bill’s narrow scope, calling it “the last train leaving the station” before ultimately allowing the vote to proceed.

Democrats, meanwhile, continue to insist that any funding package must include stricter oversight of federal immigration authorities—ranging from clearer identification requirements for officers to expanded use of judicial warrants.

The current impasse traces back to January, when the fatal shootings in Minneapolis prompted Trump to separate Homeland Security funding from a broader spending bill. Despite that concession, negotiations collapsed, and funding for the department lapsed. In March, the Senate passed a stopgap measure to fund most DHS operations—including the Transportation Security Administration amid growing airport delays—but House Republicans declined to consider it without immigration provisions.

Congress subsequently entered a two-week recess without resolving the standoff. In the interim, Trump has relied on executive actions to maintain certain departmental salaries, though the long-term viability of those payments remains unclear.

In recent weeks, Thune and Johnson outlined a dual-track strategy: advance the broader DHS funding bill through regular order while using reconciliation to secure immigration enforcement funding. Yet the House has yet to signal when it will act on either measure, raising concerns about further disruptions.

Thune cautioned that key parts of the department could soon face funding shortfalls if the process drags on. Still, he expressed hope that the Senate’s action would prompt movement across the Capitol. “We’ll see what they can do with it,” he said. “And if they can’t, I guess we will go to the next plan.”