Why Can’t the Senate Come to a Deal on DHS?

In the sixth week of the Department of Homeland Security shutdown, the Senate still cannot come to a deal to fund the agency, despite both sides having presented a wide spectrum of proposals.

On Thursday, Senate Majority Leader John Thune, R-S.D., announced he had sent Democrats “what I think is our last and final [offer], so let’s hope this gets it done.”

Thune did not go into detail on the content of the offer.

Democrats have continued to demand the codification of restraints on immigration law enforcement—such as blocking the use of masks and requiring judicial warrants to enter homes—in exchange for funding Immigration Customs Enforcement and Customs and Border Protection.

Soon after Thune’s speech announcing the new Republican offer, Democrats continued to express their displeasure.

“We’re talking through it right now, but it’s not where we want it to be,” Sen. Andy Kim, D-N.J., said on Thursday of Republicans’ latest offer

“We have something that we put forward. … We just want to move forward on TSA [Transportation Security Administration], these other elements of DHS that we don’t have any controversy over,” Kim added.

Democrats have attempted to advance multiple bills by unanimous consent, which would fund individual agencies of DHS while excluding border security and immigration law enforcement.

The shutdown continues to place a strain on travel, with high call-out rates of TSA agents and delays at airports across the nation.

Earlier this week, Senate Republicans offered Democrats a deal to fund all of DHS except for deportation efforts, which have already received some funding from a separate party-line budget reconciliation bill passed in July.

Democrats rejected the offer, demanding legislative restraints on the activities of immigration enforcement agencies. 

“We need strong, strong reforms, and we need to rein in ICE,” Senate Minority Leader Chuck Schumer, D-N.Y., said in response.

Republicans such as Thune have challenged the notion of demanding reforms for an agency they do not wish to fund.

Thune on Tuesday said he doubted Democrats’ demand for reforms of DHS “were ever serious” due to “dragging their feet” and rejecting “plentiful offers” from the White House.

“If they’re not interested in funding, then I don’t know why they would get the reform,” said Thune on Tuesday.

A deal continues to evade the Senate, despite the fact that Democrats have expressed some satisfaction with changes pushed by the White House at DHS.

Sen. Peter Welch, D-Vt., citing the appointment of Markwayne Mullin to replace Kristi Noem at DHS, said this week that Democrats have “made significant progress” during the shutdown.