What to know about the congressional fight over ICE restrictions

What to know about the congressional fight over ICE restrictions

A partial government shutdown has recently come to an end, but another one may be on the horizon if Democrats and Republicans can't hammer out an agreement on potential restrictions to put on immigration enforcement tactics that have been put in the spotlight after two fatal shootings by federal law enforcement in Minneapolis last month.

ABC News

A day after House Minority Leader Hakeem Jeffries and the overwhelming majority of his caucusvoted against a funding dealSenate Democrats had struck with the White House, Democratic leaders presented a unified message as they laid out their demands for reform at the Department of Homeland Security -- calling on Republicans to "get serious" as lawmakers face a Feb. 13 deadline to fund the agency.

"The House and Senate are completely and totally on the same page in terms of Democrats," Jeffries told reporters Wednesday. "Leader Schumer and I had a close, positive conversation yesterday about the path forward."

J. Scott Applewhite/AP - PHOTO: House Minority Leader Hakeem Jeffries, flanked by Senate Minority Leader Chuck Schumer and Rep. Katherine Clark, House minority whip, speaks to reporters during a news conference at the Capitol, Feb. 4, 2026.

Senate Minority Leader Chuck Schumer said they "had a really good and productive meeting, and we're on the same page."

As Jeffries and Schumer steady themselves for bipartisan negotiations, both leaders appeared eager to capitalize on the public backlash against the Trump administration's immigration enforcement actions.

Democrats called to separate the DHS funding following the deaths ofRenee Good, a mother of three who was fatally shot by an immigration enforcement officer in Minneapolis on Jan. 7, and became more urgent after the death ofAlex Pretti,an ICU nurse, who was killed in a shooting involving federal law enforcement in Minneapolis on Jan. 24.

Sixty-two percent of Americans say current efforts by ICE to deal with unauthorized immigration go too far, according to polling conducted by Ipsos Jan. 30 to Feb. 1.

House passes funding package to end partial government shutdown

Democrats lay out 10 key demands for DHS funding

In a letter Wednesday to Republican leaders, Jeffries and Schumer laid out 10 key demands from Democrats on DHS funding, including calling for judicial warrants before agents can enter private property, a ban on Immigration and Customs Enforcement wearing face masks, requiring the use of body cameras and new laws for use-of-force standards.

"Furthermore, there are steps that the Trump administration has the power to take right now to show good faith, including fully ramping down the surge in Minnesota and removing Secretary of Homeland Security Kristi Noem from her position," Jeffries and Schumer wrote in the letter.

In remarks earlier Wednesday,Sen. Patty Murray, the top Democratic appropriator in the upper chamber, said "Democrats are at the table.We are focused on getting a bill, but it has to be a bill that reins in the abuses that we are seeing by ICE and CBP."

Still, bipartisan negotiations did not commence Wednesday, and Speaker Mike Johnsonsentthe House on recess a day early on Wednesday afternoon.

Kevin Dietsch/Getty Images - PHOTO: Senate Minority Leader Chuck Schumer joined by House Minority Leader Hakeem Jeffries and House Homeland Security Chairman Bennie Thompson, speaks at a press conference on Department of Homeland Security (DHS) funding at the Capitol, Feb. 4, 2026.

"The bottom line is we're ready to sit down and negotiate," Schumer saidearlier. "If [Republicans are] not serious and they don't put in real reform, they shouldn't expect our votes. Plain and simple."

In earlier remarks,Schumer and Jeffries seemed unsure whether they're negotiating with President Donald Trump or congressional Republicans -- with Schumer reporting that Senate Majority Leader John Thune told Democrats to talk to the White House.

Government funding negotiations hit snag after Democrats announce deal

"Both are afraid of their shadows, and they're getting a lot of blowback and pressure from their left," Thune said of Jeffries and Schumer,according to Bloomberg, with Thune adding he hadn't received an offer from Democratic leaders as of Wednesday morning.

"Thune is scared of his own shadow," Jeffries told reporters early Wednesday afternoon. "We are negotiating because we want to try to achieve an outcome, but the changes that are enacted with respect to the way in which the Department of Homeland Security is conducting itself need to be bold, meaningful and transformative."

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The GOP response

Johnson said that Democrats "want to have a judicial warrant on top of the immigration judge warrant. And we can't do that," noting time constraints.

Aaron Schwartz/Getty Images - PHOTO: Speaker of the House Mike Johnson speaks to reporters after the House passed legislation to reopen and fund the government at the Capitol, Feb. 3, 2026, in Washington, D.C.

Johnson has signaled a "good faith" willingness to compromise on body cameras, but was adamant that Republicans would not support a ban on face masks for agents.

"When you have people doxing them and targeting them, of course, we don't want their personal identification out there on the streets, and so we've got to work through this in a meaningful way, in a thoughtful way that comports with common sense," Johnson said Sunday.

So far, Democrats have not put their proposal into legislative text.

Republicans have also not crafted any legislation so far to address next week's deadline.

"Let's hope that over the next two weeks, we can negotiate and get this done," Johnson told reporters on Tuesday. "[Democrats] say they want a real negotiation with President Trump and Republicans over immigration enforcement policy, and we are happy to have that debate."

Mariam Zuhaib/AP - PHOTO: The Capitol is visible through the Cannon House Office Building, Feb. 3, 2026.

Jeffries told reporters that he is a "hard no" on a continuing resolution for Homeland Security through the end of the fiscal year.

"We need to resolve this issue by Feb. 13," Jeffries said. "American citizens are being killed in the streets. Children are being kidnapped. Houses of worship, schools and hospitals are being stormed. We need to get this done and get this done immediately."

Minneapolis live updates: Trump says his admin could use a 'softer touch' on immigration

Democrats predicated that Republicans are setting the stage for a shutdown.

"Mike Johnson has articulated unreasonable positions," Jeffries said. "He's actually supporting the notion that masked and lawless ICE agents should be deployed in communities throughout America. That's Mike Johnson's position. That's contrary to what the American people believe should be taking place."

Johnson told reporters that he was heading to the White House later Wednesday to talk to the president.

"We'll see how it all develops," Johnson said.

What is the impact of shutting down DHS next week?

The DHS appropriations bill funds far more than ICE, despite ICE getting most of the attention in this current standoff. The bill also funds Transportation Security Administration, FEMA, the Coast Guard and the Secret Service, among other federal agencies.

'This job sucks,' DHS lawyer says in court hearing over ICE's response to judicial orders

While there is some FY2026 funding for ICE, the agency received a $75 billion infusion of funding over the next decade through the already-passed "Big Beautiful Bill," so a lapse in funding at DHS would not cease operations there.

"What they'll be shutting down is FEMA operations, as we're cleaning up from the winter storm. They'll be shutting down TSA, which is obviously necessary to keep the country moving through our airports. Coast Guard operations," Johnson said of Democrats' actions. "I mean, so many important functions in the Department of Homeland Security is what will be adversely affected by these partisan games. Let's hope and pray that they don't do that. Let's hope that over the next two weeks, we can negotiate and get this done."

 

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