The Senate Democratic Caucus met late Sunday and agreed to block $64.4 billion in funding for the Department of Homeland Security (which includes $10 billion for ICE) unless several key conditions are attached to restrain ICE thuggery and mayhem. The long-delayed show of Democratic spine came after the latest ICE murder, of VA intensive care nurse Alex Pretti.
Detailed language on the conditions is to be finalized today. They include:
- An independent federal-state investigation, which includes Minnesota officials, of ICE murders and tactics.
- A ban on ICE use of face masks.
- A requirement of body cameras (there was $20 million in funding for body cameras in the current appropriations bill, but they are not mandatory).
- A ban on roving ICE patrols.
- A ban on the invented category of “administrative warrants” that bypass judges in violation of the Fourth Amendment.
- An end to arrest quotas.
The move came about after key Democratic moderates declared in the wake of Pretti’s killing that they could not support ICE funding. Sen. Catherine Cortez Masto (D-NV) said, “The Trump administration and Kristi Noem are putting undertrained, combative federal agents on the streets with no accountability.”
Sen. Mark Warner (D-VA), often another swing vote, wrote: “I cannot and will not vote to fund D.H.S. while this administration continues these violent federal takeovers of our cities.” Sens. Jacky Rosen (D-NV), Tim Kaine (D-VA), Angus King (I-ME), and Dick Durbin (D-IL), all of whom voted for funding to end the November government shutdown, said they couldn’t vote for the DHS appropriations bill this time.
On Sunday, Democratic leader Chuck Schumer, averse to using the shutdown threat this time, especially over immigration, said, “Senate Democrats will not provide the votes to proceed to the appropriations bill if the D.H.S. funding bill is included,” calling events in Minnesota “appalling” and “unacceptable in any American city.”
In the Senate, where Republicans have a narrow 53-47 majority, appropriations require the support of Democrats to muster the 60 votes needed to avoid a filibuster. The Democrats’ plan is to approve the five other remaining appropriations bills, against a government-shutdown deadline of January 31. The move will put Republicans on the spot to either accept constraints on ICE in the wake of a collapse of support for ICE and the Trump administration, or to take the fall for another shutdown.
The House voted separately on the DHS bill and passed it along party lines, while the other appropriations bills passed with broad bipartisan support. But they combined them into one six-bill package, which the Senate would have to affirmatively untangle in order to comply with Democratic demands. And the House would have to then pass that. This isn’t entirely likely before the deadline, but Democrats, for now, are holding the line.
At yesterday’s caucus meeting, Schumer was pressed on whether he had a firm head count and enough votes to block the DHS appropriation. He said that he did.
While some in the Democratic Caucus would go even further and claw back previously appropriated funds or demand changes in ICE recruitment of thugs, this set of conditions will maintain Democratic unity, and challenge Republicans to support even basic reforms. Thus far, only three Republican senators have explicitly condemned ICE’s actions and tactics.
Sen. Lisa Murkowski (R-AK) wrote, “The tragedy and chaos the country is witnessing in Minneapolis is shocking … Lawfully carrying a firearm does not justify federal agents killing an American … A comprehensive, independent investigation … must be conducted in order to rebuild trust.”
Sen. Bill Cassidy (R-LA), who is up for re-election and faces a MAGA challenger endorsed by Donald Trump, wrote, “The events in Minneapolis are incredibly disturbing. The credibility of ICE and DHS are at stake. There must be a full joint federal and state investigation. We can trust the American people with the truth.” And Sen. Thom Tillis (R-NC), who is retiring this year, also condemned ICE and called for an independent investigation.
Sen. Susan Collins (R-ME), chair of the Appropriations Committee, not only faces a difficult re-election, but ICE has begun operations in Maine. Collins put out the blandest of statements, calling for equipping ICE agents with body cameras and giving them de-escalation training. “At this time of heightened tensions, these steps could help improve trust, accountability, and safety,” she said in a statement.
While other officials have continued to flatly lie about the circumstances of Pretti’s murder, Trump himself has begun to equivocate. Reached Sunday by Wall Street Journal reporter Josh Dawsey, Trump said, “We’re looking, we’re reviewing everything and will come out with a determination.” Pressed on whether and when the large ICE force would withdraw from Minnesota, Trump added, “At some point we will leave … We’ll leave a different group of people there for the financial fraud.”
Meanwhile, the murder of Pretti has produced complete solidarity across Minnesota state and local law enforcement, Gov. Tim Walz, Mayor Jacob Frey, and an incensed, activated citizenry. The courts will also need to decide whether they are supporting the administration or the Constitution.
A hearing is scheduled today on a petition to U.S. District Judge Katherine Menendez to order federal law enforcement agencies to drastically reduce the number of agents in Minnesota and restrict them to enforcement of immigration laws subject to a specific list of constitutional limits.
Over the weekend, Minnesota Attorney General Keith Ellison got a temporary restraining order from a federal judge barring federal officials from destroying evidence from the Pretti murder. “The fact that anyone would ever think that an agent of the federal government might even think about doing such a thing was completely unforeseeable only a few weeks ago,” he said.
In the struggle to resist Trump’s explicit slide to fascism, we have been close to inflection points before. This one could be real.