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Civics & Democracy

In the wake of Alex Pretti's death, Congress appears on track for a partial shutdown

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Senate Democrats to vote against DHS funding, setting up potential partial shutdown

The second deadly shooting of a U.S. citizen by federal immigration officers in Minneapolis is raising the prospect of a partial government shutdown at the end of the week.

Senate Democrats say they will not vote to fund the Department of Homeland Security without new guardrails for immigration enforcement.

But that opposition may also torpedo the larger $1.3 trillion spending package needed to keep large swaths of the federal government operational past Friday night.

"The appalling murders of Renee Good and Alex Pretti on the streets of Minneapolis must lead Republicans to join Democrats in overhauling ICE and CBP to protect the public," Senate Minority Leader Chuck Schumer, D-N.Y., wrote on Sunday. "People should be safe from abuse by their own government."

Democrats were already raising alarms about the conduct of immigration officers before the latest killing in Minneapolis on Saturday.

Last week, all but seven House Democrats voted against the funding bill covering homeland security, which includes money for Immigration and Customs Enforcement and Customs and Border Protection.

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At the time, a few Senate Democrats also pledged to vote against the funding when it reached them this week, though the response across the Capitol was far from the near-unified opposition in the House.

That is because the House sent the DHS funding over to the Senate tied together with billions in spending for defense, health, transportation and other federal agencies, in part to expedite the process as Congress races to meet a Friday deadline to keep the government fully open.

"The hard truth is that Democrats must win political power to enact the kind of accountability we need," Sen. Patty Murray, D-Wash., the top Democrat on the Senate appropriations committee, wrote in a statement last week saying she would vote for the total package.

After Pretti's shooting on Saturday by a Border Patrol agent, Murray said she would join her Democratic colleagues in opposing the funding.

Congress faces Friday deadline to avert a partial shutdown

The timeline was already tight once a winter storm delayed the first Senate votes of the week until Tuesday night. But the renewed debate over immigration enforcement is complicating the task more.

Schumer wants to cleave the DHS measure from everything else. The other remaining spending measures have overwhelming bipartisan support. Democrats want to continue negotiating the DHS funding bill without shutting down large parts of the government.

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The funding measure needs to reach a 60-vote threshold to pass, meaning some Democratic support is needed for it to clear the Senate. But disentangling different parts of the legislation requires buy-in from Republicans, and so far, GOP leadership has not indicated that they are willing to separate the funding bills.

A top view of candles, flowers, and signs that read "Be good. Be Pretti," and "Alex Pretti! A good man. A good citizen. rip."
Flowers, signs and mementos are seen Monday at a makeshift memorial in the area where Alex Pretti was shot dead by federal immigration agents in Minneapolis. On January 24, federal agents shot and killed Pretti, a 37-year-old ICU nurse, while scuffling with him on an icy roadway.
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Senate Majority Leader John Thune's communications director, Ryan Wrasse, wrote on X on Monday that the Senate will proceed as planned to consider all the funding bills together.

"A government shutdown, even a partial one, does not serve the American people well," he wrote. "Hopefully Senate Democrats, who are actively engaged in conversations, can find a path forward to join us before this week's funding deadline hits."

Sen. Susan Collins, R-Maine, the appropriations committee chair, told The New York Times over the weekend, "I'm exploring all options. We have five other bills that are really vital, and I'm relatively confident they would pass."

Collins, who is up for reelection and whose state is also a target of immigration raids by the Trump administration, is among the Republicans who have expressed fresh concerns about the tactics, calling for an investigation.

A handful of Republicans have called for congressional hearings or offered sharper criticism.

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"My support for funding ICE remains the same," Sen. Pete Ricketts, R-Neb., wrote in a statement. "But we must also maintain our core values as a nation, including the right to protest and assemble."

Even if Democrats could convince Republicans to agree to separate DHS funding from the rest, that would mean the legislation needs approval again in the House, which is on recess until Feb. 2. It is unlikely that House Speaker Mike Johnson, R-La., would call members back to Washington early, increasing the risk of a partial shutdown.

Why Democrats are willing to risk another shutdown

Before this weekend, few lawmakers expressed appetite for another shutdown after a record 43-day one this fall. For weeks, Democrats withheld their votes from a short-term funding measure to reopen the government without a deal to extend expiring health insurance subsidies.

Eventually, a handful of Democrats joined with Republicans to reopen the government, with the promise of a vote on the subsidies. That vote failed in December. The deal included the passage of three bipartisan spending packages for veterans, agriculture and other areas through the end of September 2026 and a short-term extension for everything else through Jan. 30.

Congress has already passed several more full-year funding bills through September, but the measures still awaiting final passage in the Senate account for 75% of annual federal discretionary spending.

But even Democrats who ultimately voted with Republicans to end the last funding stalemate now say they will vote against the DHS funding despite the risk of another shutdown.

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"We have bipartisan agreement on 96% of the budget," Sen. Catherine Cortez-Masto, D-Nev., wrote in a statement. "We've already passed six funding bills. Let's pass the remaining five bipartisan bills and fund essential agencies while we continue to fight for a Department of Homeland Security that respects Americans' constitutional rights and preserves federal law enforcement's essential role to keep us safe."

Four federally agents, all wearing masks, stand in a the cold outside, showing heat coming from their heads and bodies.
Federal agents look on as demonstrators gather near the site of where Alex Pretti was fatally shot by.
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Roberto Schmidt
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AFP via Getty Images
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Holding up the DHS funding bill would not halt the administration's immigration crackdown. Last summer, Congressional Republicans allocated $75 billion for ICE over four years in President Donald Trump's "One Big Beautiful Bill."

Democrats say they do not want to give ICE the roughly $10 billion base funding that is on the line now. But more so, Democrats see this as rare leverage in the minority to extract policy changes.

Democrats already negotiated to include $20 million in funding for officer-worn body cameras, plus more funding for oversight and a reduction in funding for enforcement and removal operations and detention bed capacity. But most Democrats said this did not go far enough.

Democrats want more sweeping reforms to reign in the tactics, such as prohibiting ICE from deploying excessive force and explicitly preventing them from raiding places of worship, hospitals and schools. Republicans previously rejected these demands.

The DHS funding bill also includes funding for the Transportation Security Administration, the U.S. Coast Guard and the Federal Emergency Management Agency.

But Democrats are betting that the American public is on their side. A recent New York Times poll found that a majority of respondents said the federal immigration tactics have gone too far.

Nearly $1.3 trillion in federal funding is at stake

The funding fight over DHS is the latest dispute over funding in Congress. Last year, the Trump administration moved to rescind billions in federal funding appropriated by Congress for foreign aid and public broadcasting — and proposed a budget slashing nondiscretionary funding by some 20%.

Instead, the final legislation keeps federal nondiscretionary spending essentially flat. For example, the administration called for cutting the Centers for Disease Control and Prevention budget by 50%. Under the bipartisan health spending bill, the agency's funding would remain roughly unchanged.

Bill Hoagland, senior vice president of the Bipartisan Policy Center and a former longtime appropriations committee staffer, said this is striking considering Congress has mostly followed Trump's lead.

"Congress is starting to show a little bit of backbone," Hoagland said. "I think there is increasing recognition of the need to have Congress exert its power of the purse."

Hoagland also notes that Congress is nearly a quarter of the way into the fiscal year, so once lawmakers greenlight the remaining funding, it will not be too long before the appropriations process begins again.
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