Economy January 27, 2026

Congress Faces Deadline Over DHS Funding as Debate Over ICE Enforcement Intensifies

Lawmakers split on attaching constraints to immigration enforcement as a multi-agency spending bill nears lapse

By Avery Klein
Congress Faces Deadline Over DHS Funding as Debate Over ICE Enforcement Intensifies

Federal funding for the Department of Homeland Security (DHS) and several other agencies could lapse this week if Democrats and Republicans in Congress fail to settle a dispute centered on Immigration and Customs Enforcement (ICE) operations. Democrats are pushing for a suite of operational limits and oversight measures tied to DHS funding through September, while Republicans favor passing the existing package ahead of a January 30 deadline. The standoff follows a series of high-profile enforcement actions and deaths in ICE custody that have heightened calls for reforms.

Key Points

  • Congress must decide whether to attach new operational limits on ICE to a DHS funding bill that also covers agencies from defense to medical research, housing and education.
  • Democrats want a suite of reforms - including bans on deporting U.S. citizens, body cameras, limits on raids of places like churches and schools, and prohibitions on masks and excessive force - tied to DHS funding through September.
  • Republicans seek rapid passage of the existing omnibus spending package before the January 30 deadline, citing provisions already in the bill such as $20 million for body-worn cameras and protections for pregnant detainees.

Federal appropriations that include the Department of Homeland Security (DHS) could expire this week unless congressional Republicans and Democrats reach agreement on restrictions tied to the operations of Immigration and Customs Enforcement (ICE). The contention centers on whether to attach a set of reforms on ICE conduct to the bill that funds DHS and a range of other agencies through the end of September.

At the heart of the dispute is rising public concern over aggressive immigration enforcement actions under the Trump administration. The administration has undertaken expanded deportation efforts and has deployed ICE agents to several Democratic-led cities, including Los Angeles, Chicago, Charlotte, and, most recently, Minneapolis and St. Paul. A series of incidents in Minneapolis have inflamed community anger, among them the shooting death of U.S. citizen Alex Pretti, the removal of a U.S. citizen from his home while he was in his shorts, and episodes in which children, including a five-year-old boy, were detained.

In addition to those localized incidents, advocates and others point to a worrying tally: six deaths in ICE detention centers have been reported so far this month. Those developments have sharpened demands among Democrats for immediate changes in how immigration enforcement is carried out.


What Democrats are seeking

Democrats have long called for stricter controls on ICE activity and are now seeking to have those changes included in the DHS funding bill that would run through September. The House approved a large spending measure last week that bundled DHS funding with appropriations for agencies ranging from the Defense Department to entities that oversee medical research, housing, and education programs. Most Democrats opposed that bill as it passed the House.

Specifically, the reforms Democrats are pressing for include explicit prohibitions on the detention or deportation of American citizens by ICE; a ban on the use of masks by ICE agents; a mandate that agents wear body cameras; explicit limits on excessive force; prohibitions on raids in places of worship, hospitals, and schools; and a bar on providing agents with absolute immunity from prosecution for breaches of codes of conduct. Other Democratic proposals include improved training for agents and a requirement that immigration searches and detentions be authorized by court-issued warrants.

Some Democrats also want DHS spending to be separated from the broader spending package to prevent potential disruptions to the other agencies covered by the bill. To buy time for further negotiation, Democrats have offered to accept a temporary funding measure while parties continue discussions on the ICE restrictions.


What Republicans are proposing

Republicans oppose altering the large spending bill and are urging the Senate to pass it before the January 30 funding deadline. Senator Susan Collins of Maine, who chairs the Senate Appropriations Committee, said the omnibus package already contains measures that act as guardrails on ICE conduct. Among those provisions, the bill allocates $20 million for body-worn cameras, includes protections for pregnant women in DHS custody, and forbids the destruction of evidence tied to deaths of people in custody.


How enforcement and funding could be affected if there is no deal

Immigration enforcement would likely continue even if the broader DHS appropriations lapse. During the last government shutdown in October, DHS designated 258,000 of its roughly 272,000 employees as "essential," enabling them to remain at work after funding expired. While essential personnel typically do not receive pay during a lapse, the Trump administration provided continued pay for immigration agents and other federal law enforcement during that prior shutdown.

DHS also benefits from an additional source of funding established by last year’s comprehensive spending package. That legislation included $75 billion in supplemental funding for ICE that enables the agency to expand its workforce and enlarge detention capacity as it pursues the administration’s target of deporting 1 million people annually. That supplemental funding would remain available even if Congress fails to enact the DHS funding bill now under debate.


Next steps on Capitol Hill

A large winter storm has delayed lawmakers’ return to Washington, complicating efforts to resolve the impasse. Senators are expected to return late on Tuesday, and both parties have planned individual policy lunches on Wednesday. Those gatherings will be an early opportunity for the Senate’s 53 Republicans and the 47-member Democratic caucus to refine strategy as they confront the January 30 funding cutoff.

The immediate outcome of those meetings and ensuing negotiations will determine whether the DHS and the other agencies funded by the large appropriations measure will continue to operate under current arrangements, be subject to new restraints on immigration enforcement, or face a funding lapse that could disrupt parts of the federal budget process.

Risks

  • Failure to reach agreement could result in a lapse of appropriations for DHS and other agencies covered by the sprawling bill, potentially disrupting programs in defense, medical research, housing and education.
  • Continued public scrutiny and outcry over enforcement incidents, including deaths in ICE custody and high-profile local confrontations, could heighten political polarization and complicate bipartisan negotiations.
  • Even without a funding lapse, tensions over ICE rules could lead to operational uncertainty within immigration enforcement and related federal law enforcement activities.

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