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White House and Congress Reach Agreement to Fund Government
Late Thursday, the White House and Senate Democrats came to an agreement to avert another prolonged government shutdown. As part of the agreement, five of the remaining six FY 2026 appropriations bills (Defense, Financial Services, Labor-Health-Education, State-Foreign Operations, and Transportation) will be separated from the bill funding the Department of Homeland Security (DHS).
The larger funding package will pass in the Senate later today and then must go back to the House before it can be sent to the President’s desk and signed into law. President Trump’s support for the agreement is expected to convince even reluctant Republicans in the House to vote for the measure. There are reports the House may consider the bill under suspension of the rules (requiring a ⅔ vote) to avoid any amendments and speed up passage. The House is, however, currently out of session, and with parts of the country expecting winter weather this weekend, they are not expected to return to Washington until Monday.
Since the bill must wait for House approval, there will be a short, two-day government shutdown over the weekend. Agencies impacted by the spending lapse will operate using available resources and the impact of which is expected to be minimal.
A Difficult Path to Long-Term DHS Funding
As we predicted on Monday, the DHS portion of the bill will be separated and funded subject to a two-week continuing resolution (CR). During that time, Democrats and Republicans on the Hill will continue negotiations in light of the shootings of Alex Pretti and Renee Good (more on Democrats’ demands below). Should it pass, the CR would go through February 13, right before the House and Senate go on a week-long recess.
Republicans and Democrats will have a difficult task ahead of them to find agreement on DHS funding. Senate Democrats released a list of policies that they insist must be included in the Department of Homeland Security (DHS) funding bill in order to secure the Democratic votes needed to pass the measure. The policies could include:
- Creating a uniform code of conduct for agents with independent enforcement.
- Prohibiting Immigration and Customs Enforcement (ICE) agents from wearing masks and requiring agents to wear body cameras.
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Banning roving patrols by requiring warrants (White House border czar Tom Homan said on Thursday that ICE agents in Minnesota would focus on “targeted enforcement operations”).
Opening the DHS bill for further negotiations will make the bill harder to pass. Conservatives are likely to have policy demands of their own, including ending federal funding for sanctuary cities. The issue of ICE funding is politically incendiary and Members on both sides of the aisle are already making contradictory demands.
This process increases the chances of a DHS funding lapse or another CR after two weeks. With the rest of the government funded through September 30, 2026, DHS funding will expire right before a week-long recess in February. As we have noted, however, the agency was given more than $160 billion in additional appropriations last summer and 95% of its employees would be deemed essential if funding expired.
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