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One month later, the DHS shutdown shows no signs of ending

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Top Democrats and White House officials are nowhere near close to a breakthrough in negotiations to end the Homeland Security shutdown as the funding lapse is due to hit its one-month mark Saturday and real pain begins.

It’s been more than two weeks since the White House laid out its latest proposal for restoring full Department of Homeland Security operations alongside changes to the Trump administration’s immigration enforcement tactics, and Democrats have yet to send a formal counteroffer in the negotiations spurred by the fatal shootings by federal agents in January of two U.S. citizens in Minnesota.

TSA screeners are now missing their first full paychecks of the shutdown, which could lead to more agents skipping work or quitting — and exacerbate already-lengthy wait times at airport security checkpoints throughout the country. Republicans think this could be the breaking point where Democrats relent.

“I’m hopeful that as you see these problems at the airports, that the public will start talking to Democrats,” said Sen. John Hoeven (R-N.D.).

But Democrats have a legislative rebuttal: Bills that would fully fund TSA and other parts of DHS that are casualties of the larger immigration standoff. Republicans have repeatedly objected over the last two weeks when Democrats asked for votes on those bills on the Senate floor.

“Who’s standing in the way? America, look at it,” Senate Minority Leader Chuck Schumer said in a floor speech Thursday. “We’re not putting any preconditions on funding TSA; the Republicans are.”

The Trump administration remains in “frequent” communication with senior Democratic lawmakers, according to one senior White House official granted anonymity to discuss private conversations. Another White House official said the president’s team “remains interested in continuing conversations with Democrats about ways to end this shutdown” but that “Democrats, regrettably, have chosen to punish the American people.”

Yet since the DHS shutdown began Feb. 14, Democrats on Capitol Hill say the administration has been unwilling to make any significant changes to its immigration enforcement tactics, while Republicans insist that the White House has in fact offered Democrats a deal they would be foolish not to take. Amid finger-pointing and deep distrust, there’s no sign the impasse will anytime soon.

On both sides, negotiators have been careful not to divulge the details of the offers each party is representing very differently. Senate Appropriations Chair Susan Collins (R-Maine) said in an interview this week that she “would like to see the Democrats actually read what the White House sent. It is an eminently reasonable proposal.”

The Senate’s top Democratic appropriator, Washington Sen. Patty Murray, suggested Thursday this wasn’t the case. She also said that while people outside the negotiations are “guessing” at the contents of the recent White House framework, ultimately “words matter.”

“You can have money for body cameras, but not require them — two very different things,” she said of GOP claims about what has been proposed. “I don’t want to characterize anything.”

Democrats are demanding new policies that would prohibit federal immigration agents from wearing masks, require officers to display identification and ensure that agents would be barred from detaining people in certain places, such as churches and schools. Democrats also aren’t budging on the demand that ICE obtain judicial warrants for making arrests.

Growing impatient as the shutdown stretches on, several Republican senators have tried to start up negotiations with their Democratic counterparts, despite GOP leaders initially deferring to the White House to handle dealmaking with the minority party.

Democrats have largely rebuffed those entreaties, however, arguing such talks could result in giving ground to congressional Republicans only to then see the White House renege on commitments. Democrats are especially worried about being railroaded by Stephen Miller, White House deputy chief of staff for policy and the architect of President Donald Trump’s hard-line immigration agenda.

“Things go back to the White House, and Stephen Miller, who’s an extremist, says ‘no,’” Sen. Jeanne Shaheen (D-N.H.) said in an interview.

Shaheen and other lawmakers have suggested it could be helpful for the White House to deputize a lead negotiator — but not Miller.

“Stephen Miller has a view that is outside of the American mainstream, and so it’s gonna be hard,” said Sen. Brian Schatz (D-Hawaii) in an interview. “If Susie Wiles were in charge of the discussion, that would be a different conversation.”

Wiles, who has served as White House chief of staff for more than a year, is involved in the talks, according to one senior White House official. But that official said talks toward a DHS funding deal are also led by Trump himself and a team headed by James Blair, White House deputy chief of staff for legislative, political and public affairs.

“There’s no blueprint to this,” the official said of the ongoing talks. “There’s multiple people working on it.”

In the days following the U.S.-Israel strikes on Iran, Republicans cited an increased risk of terrorist attacks in calling on Democrats to vote for restoring full DHS operations. But the argument did not shake loose any additional Democratic support, including on Thursday when Senate Majority Leader John Thune forced a procedural vote on the House-passed DHS funding bill.

A more tangible pressure point than a theoretical attack on U.S. soil could be further disruption to civilian air travel. The longer a shutdown goes on, the more disgruntled TSA agents will become, since they are forced to work without pay. TSA divulged this week that about 300 security screeners have quit since funding lapsed last month — and the workforce is poised to miss a full paycheck for the first time this shutdown.

In Denver, airport officials asked the public this week to donate $10 and $20 gift cards to help TSA agents pay for groceries and gas.

“When the pain goes from the poor TSA agents — who deserve to be paid, and whose families deserve to have them paid — when that pain gets translated to travelers, it gets worse,” Sen. Kevin Cramer (R-N.D.) said in an interview. “And that’s what we sure hope we can avoid in the next few days or week or two.”

While security lines grow longer at U.S. airports, news coverage of ICE and CBP agents detaining people in the interior of the country has declined.

“The further and further that we get away from January and the events that occurred in January, then the less and less leverage Democrats are going to have — and the more you may have issues at airports,” said a person close to the White House. “That’s going to put pressure on Democrats.”

At the same time, the Trump administration has stemmed the impact of the shutdown on most of the DHS workforce by bankrolling paychecks with money from the party-line tax and spending package Republicans enacted last summer. That includes pay for law enforcement officers at the Secret Service and active duty members of the Coast Guard.

DHS can also sustain work at ICE and CBP with the more than $100 billion Republicans delivered for those agencies within the party-line legislation last year.

“Democrats aren’t even shutting down what they have a problem with,” said another person close to the White House. “For the defenders of government workers and minorities, I think it’s wild that Democrats are withholding paychecks from TSA.”

Furthermore, Trump administration officials contend that the law does not allow funding from the GOP megabill to be used for TSA paychecks.

“Only way to get TSA paid is for Democrats to vote to reopen the government and not hold this key funding hostage,” said a senior administration official not authorized to speak publicly about interpretation of the law.

Stewart Verdery, who served as a DHS assistant secretary under former President George W. Bush, said he would be surprised if the Trump administration tried to find a way to pay TSA agents as the lapse drags on.

“TSA agents not getting paid is a very visible signal of the situation Democrats are creating,” Verdery said. “And I’m not sure why you’d want to solve it yourself.”

Beyond the Trump administration, congressional Republicans have also been unwilling to alleviate that pressure point by funding TSA and other DHS operations while leaving ICE and Customs and Border Protection hanging. Increasingly, Democrats are continuing to showcase that GOP resistance.

“If we can’t move forward funding the entire department, sitting down and negotiating in good faith — which you’ve had plenty of time to do already — we should be able to come together to pay the hardworking staff of one of its most essential components: TSA,” Sen. Jacky Rosen (D-Nev.) said on the floor this week.

“Talk is easy,” she continued, questioning whether GOP senators would “back up what they say with their vote.” Republicans objected.

Eli Stokols contributed to this report. 

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Congress

‘Paradigm shift:’ How Trump’s budget request will keep everyone guessing

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In the wonky world of federal budgeting is the most tired cliche of all: The president proposes, and Congress disposes.

In other words, any White House budget request is nothing more than a political draft that’s ultimately going to be significantly altered — or torn to shreds — by lawmakers who hold the constitutional power of the purse.

But this administration’s moves to wrest spending authority away from Congress have turned that dynamic on its head. A year of funding clawbacks, shutdowns and Supreme Court challenges has changed the way many in Washington are looking at President Donald Trump’s budget plan released Friday. Ultimately, even if Congress refuses to approve Trump’s latest funding wishes, the administration may implement many of them anyway.

Plus, it’s not just Congress and the White House involved in the budget conversation right now — everyone is still waiting to see if the Supreme Court weighs in on the legality of the so-called pocket rescissions that Trump employed last year to circumvent Congress and unilaterally cancel nearly $5 billion in foreign aid spending.

“It’s hard enough to get 12 appropriations bills done and even harder when you’re not sure if the deal that you strike is even a deal,” said Joe Carlile, an associate director at OMB during the Biden administration and longtime House Appropriations aide who now runs Bluestem Consulting.

The pocket rescissions gambit refers to occasions where an administration sends Congress a list of previously-approved funding to eliminate with less than 45 days to go until the end of the current fiscal year, then “pockets” — or withholds — that funding until a new fiscal year begins, at which point it is considered expired.

Though the Supreme Court, in a preliminary decision last fall, allowed the Office of Management and Budget to proceed with canceling the foreign aid funding, justices haven’t yet weighed in on the larger pocket rescissions question. That could only empower Office of Management and Budget Director Russ Vought, certainly the most powerful OMB director in recent memory, in his approach and the expansiveness of his mandate.

“Under President Trump’s bold leadership, every tool in the executive fiscal toolbox has been utilized to achieve real savings,” Vought wrote in an introduction to the administration’s newest fiscal framework.

“A historic paradigm shift in the budget process is occurring and is producing real results for the American public,” he added.

These days, Vought’s aggressive use of his budget tools looms over every budget debate and document, including the one released Friday. Vought’s proposal asks Congress to approve a massive $1.5 trillion defense request as well as a $73 billion cut to domestic programs, including many that lawmakers refused to cut last year.

“Given the Administration’s focus on nondefense discretionary spending reductions, most budget analysts assume that this would be the target of rescissions if they were unsuccessful in the appropriation process,” said G. William Hoagland, a senior vice president of the Bipartisan Policy Center who spent decades on Capitol Hill as a senior Republican budget aide. “It does change the way we look at the request.”

In another power move Friday, the Trump administration is asking Congress to ram through $350 billion in defense spending to assist Iran conflict through the party-line budget reconciliation process as an end-run on the Senate filibuster. That recommendation would upend one of the last bipartisan traditions on Capitol Hill: funding the government through the dozen annual government funding bills.

The proposal has Democrats and Washington lobbyists now closely watching the budget proposal and OMB’s current spending moves for signs of what the White House may try to muscle through, rescind or delay next — and how they should approach Appropriations Committee markups later this year in the House and Senate.

Meanwhile, less than a year after Elon Musk and DOGE rampaged through the federal bureaucracy, the government — just five months past its last major shutdown — remains in the grip of a partial closure, with a deal to fully open the Department of Homeland Security still on the table.

Congressional appropriators have sought to assert their independence in previous budget battles. Still, their power has been declining for the better part of three decades now — and the way Washington budgets seems increasingly disrupted.

“While the Administration proposes a budget, Congress holds the power of the purse,” Senate Appropriations Chair Susan Collins (R-Maine) said in a statement Friday.

True, but who “disposes” is as unclear as ever.

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Trump asks Congress to supersize military budget, slash domestic programs

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President Donald Trump called Friday for Congress to back a $1.5 trillion defense budget alongside yawning reductions to domestic programs — making official the ambitious military increase he’s been teasing for months.

In a slate of budget fact sheets ahead of an expected broader rollout of the president’s fiscal blueprint, the White House detailed a military budget hike of more than 40 percent for the fiscal year that begins in October. The Trump administration is formally proposing Republicans in Congress enact a large chunk of that defense cash — some $350 billion — using the party-line reconciliation process to skirt the Senate filibuster and forgo bipartisan negotiations.

Republican leaders on Capitol Hill are starting to embrace the concept of sidelining Democrats to boost Pentagon dollars and immigration enforcement accounts currently unfunded amid the broader Department of Homeland Security shutdown. But Trump will struggle to build enough political will on his own side of the aisle to fulfill his defense goals as fiscal conservatives demand commensurate spending cuts after grudgingly backing the multi-trillion-dollar tax and spending package Republicans enacted along party lines last summer.

While calling for a historic increase in the military’s budget, the White House is also seeking a 10 percent cut to nondefense spending, with a proposed reduction of $73 billion from federal programs outside the military. Major targets of the administration’s proposed spending reductions are environmental programs across many federal agencies, including nixing $15 billion in grants for efforts such as renewable energy technology and $4 billion in transportation funds for programs supporting infrastructure to charge electric vehicles.

The administration is recommending that Congress eliminate $1.6 billion in research programs run by the National Oceanic and Atmospheric Administration and asking lawmakers to find $45 million in savings by slashing the Interior Department’s renewable energy programs. The White House wants another $642 million in cuts to “woke and wasteful international financial institutions” within the Treasury Department budget.

The blueprint, prepared by White House budget chief Russ Vought, proposes the elimination of current fair housing initiatives at the Department of Housing and Urban Development, as well as the Community Development Financial Institutions Fund that awards funding to community banks and other financial institutions that lend to communities traditionally underserved by the banking industry.

It also calls for Congress to zero out funding for the Commerce Department agency that promotes minority-owned businesses and the National Endowment for Democracy, which promotes freedom in countries with authoritarian regimes that threaten U.S. interests.

For the second year in a row, Trump’s fiscal framework arrives months late and is not expected to include all of the data lawmakers rely on to write funding bills for the upcoming fiscal year. Last year, Republican lawmakers were still pressing Vought for those details well into the summer.

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Republicans want to go it alone on ICE funding. It might be a slippery slope.

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If last year’s Republican megabill served as Congress’ gateway drug to party-line government funding, the GOP’s latest spending plan makes clear it was habit-forming.

Nine months ago, Republicans used the budget reconciliation process to skirt a Democratic filibuster and enact more than $280 billion for the Pentagon and the Department of Homeland Security. It shattered conventional wisdom on Capitol Hill that reconciliation’s special power couldn’t — and shouldn’t — be used to circumvent the across-the-aisle work Congress does each year to fund federal agencies.

Now President Donald Trump has given congressional Republicans until June 1 to fund Immigration and Customs Enforcement — an entire government agency — through a partisan process that won’t require a single Democratic vote. Republicans are also mulling whether to fund a war in the Middle East that same way, with the White House considering a $200 billion request for supplemental funding for the Pentagon.

Republicans say this is happening because Democrats refuse to back a full Department of Homeland Security funding measure without adding guardrails on immigration enforcement activities the GOP finds intolerable, leading to the current record-breaking shutdown. Democrats also are unlikely to support giving the Trump administration additional dollars to bolster its military presence in Iran.

“Democrats have put us where we are, and we have to deal with it,” Sen. John Hoeven of North Dakota, a senior Republican on the Senate Appropriations Committee, told reporters Monday. “We don’t have a choice.”

But Hoeven also acknowledged it could be a slippery slope. Asked whether he was worried about setting a new precedent, he conceded, “Me, as an appropriator? Yeah.”

Democrats previously used their own party-line bills during the Biden administration to fund programs opposed by Republicans, such as an $80 billion infusion for IRS tax enforcement. But that was in addition to the funding agencies received through regular appropriations, not as a substitute for it.

Democrats are pushing back on the idea they are responsible for the GOP’s go-it-alone approach — and they are warning about dire consequences.

Sen. Chris Coons (D-Del.), a senior appropriator, said it would be “a tragic mistake” for Republicans to bankroll a war while sidelining their minority party colleagues.

Enacting funding through reconciliation, Coons said, “requires no compromise with the other party. And if that becomes the sole way we fund the core functions of government, that is a bad idea.”

Senate Majority Leader John Thune suggested Thursday that the fallout from the current funding fight could have long-term implications, warning that it’s “not good for the country or for the future of the appropriations process or, for that matter, the future of the Senate.”

It’s just the latest blow to bipartisan norms of the congressional appropriations process during Trump’s second term. White House budget director Russ Vought has executed a playbook for undercutting cross-party funding negotiations, and Republican leaders have gone along with those tactics, including the stopgap funding patch that riled Democrats last spring and the enactment of a clawbacks package last summer that canceled billions of dollars Congress previously cleared with bipartisan support.

Many Republicans aren’t happy with how the latest step is unfolding, with top GOP appropriators especially concerned about funding a war effort without Democratic buy-in.

“I would prefer not to,” House Appropriations Chair Tom Cole (R-Okla.) said late last month about clearing an emergency military package through the party-line process. But, he added, “we’ll wait and see. A lot of that depends on what the Democrats want to do.”

Three Hill Republican aides, granted anonymity to speak candidly, privately forecasted that the current funding breakdown will fuel a tit-for-tat future for the appropriations process. The worry is that Republican presidents will routinely be forced to use reconciliation to clear immigration enforcement funding through Congress, and Democratic presidents will have to use it to fund nondefense efforts GOP leaders are less keen on boosting.

Republicans are now exploring enacting immigration enforcement funding for the remainder of Trump’s presidency — not just the current fiscal year.

Rep. Henry Cuellar of Texas, the top Democrat on the Homeland Security funding panel, said a future Congress under Democratic control could follow the GOP’s example and use reconciliation to fund agencies such as the Environmental Protection Agency or the Department of Health and Human Services.

“So I certainly have concerns with a bad precedent that they will be setting,” Cuellar said in an interview Thursday.

Matt Glassman, a senior fellow at Georgetown University’s Government Affairs Institute, said “the big deal here” is “shoving the dysfunctional discretionary stuff into reconciliation.”

“Because of the ability to do party-line legislating in the reconciliation bills, it allows a back door to party-line discretionary appropriating,” he said in an interview.

Glassman also sees the creeping use of reconciliation as a way to sidestep mutually negotiated guardrails on spending. Limitations on use of money, and how much time agencies have to spend it, are longtime hallmarks of bipartisan funding negotiations.

“If you throw money into these bills, then you lose sort of the control aspect that they love to put into the appropriations with the limitation provisions,” Glassman said.

Senate Appropriations Chair Susan Collins (R-Maine) said last week that Democrats’ refusal to fund the Border Patrol or ICE without major policy changes “sets a precedent that they may one day come to regret.”

Other senior congressional appropriators contend that the bipartisan agreements Collins helped broker in recent months are proof that the annual funding process is working and that reconciliation is not a workable alternative. Despite the DHS drama, Congress managed to approve more than $1.6 trillion for every other federal department following a 43-day government shutdown last fall.

Connecticut Rep. Rosa DeLauro, the House’s leading Democratic appropriator, said in a statement this week that “reconciliation will never be a substitute for the appropriations process.”

“Republicans must realize our country is safer and stronger when government funding decisions are made by both Democrats and Republicans in the House and in the Senate,” she added.

Riley Rogerson contributed to this report.

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