It’s been a tough few weeks for the U.S. Senate, and now it seems like senators are trying to convince everyone that they’ve been champions for Immigration and Customs Enforcement, staunch defenders of the SAVE Act, and genuinely concerned about the victims of government overreach. But, to be honest, that’s just not the case. Don’t believe those triumphant social media posts from Senate Republicans. We’re about to start looking for someone new to fill your role.
This feels like a reality show version of wrestling. Instead of heroic figures in tights, you have young communications staffers celebrating their wins on behalf of their bosses, who just head home while they tweet away.
First, let’s look at how we ended up in this situation. Credit where it’s due, Sen. Rick Scott (R-Fla.) recently articulated the issue quite well. He admitted, “We made a huge mistake in January by not funding ICE and CBP. We shouldn’t have funded a bunch of things in the Democratic budget without backing all of Homeland Security. It’s time to fund ICE and CBP!” It’s strange—it was a mistake, yet it was also very much intentional. But Scott did touch on something that many in his party would prefer to sweep under the rug. Honesty in the Senate is pretty hard to come by, so we should appreciate it when it shows up.
The saga started back in January when two protesters lost their lives due to ICE’s actions. In the aftermath, there was a frenzy in the media, and Congress decided to take a somewhat unprecedented step. They actually chose to separate the Department of Homeland Security from other agency funding packages. With Minority Leader Chuck Schumer (New York) and Sen. Patty Murray (Washington) pushing for this, Republicans relented and agreed to make DHS stand alone in terms of funding. This change introduced a bit of risk—usually, funding goes through omnibus bills, which pressure lawmakers to vote for everything or risk a government shutdown. By making DHS independent, it became easier for Democrats to oppose it.
By February, funding for DHS was halted. Employees showed up for work without pay, the secretary of DHS was replaced, and ICE was under constant scrutiny from Democrats. The numbers for deportations dipped, and some aspects of the Trump administration’s deportation strategy backpedaled.
Essentially, Democrats managed to extract concessions while holding DHS funding hostage. Then, in April, Senate Majority Leader John Thune (R-Louisiana) and House Speaker Mike Johnson (R-Louisiana) began serious negotiations with those controlling funds. They even made a major concession: separating ICE and Customs and Border Protection from DHS entirely. From a funding standpoint, that was a dismal outcome.
Congress ultimately funded the remaining parts of DHS, effectively ending a lengthy 76-day shutdown. Politicians breathed a sigh of relief, particularly the airline lobbyists who were tired of complaints about long wait times at airports. However, ICE and CBP would now have to rely on another funding mechanism, which creates operational challenges.
President Trump called for a reconciliation bill to fund these agencies by June 1 in a bid to end the shutdown for all of DHS—except for ICE and CBP. Negotiations for this got underway but fell apart after the announcement of an anti-weaponization fund to aid victims facing government persecution. Republican senators revolted, learning the hard way that ICE and CBP could serve as bargaining chips.
They threatened to withhold funds from ICE and CBP unless Trump scrapped the fund. Acting Attorney General Todd Blanche obliged. Ironically, even with this hostage situation, some Republican senators wanted to push the SAVE Act through reconciliation, but it seemed unlikely to succeed. This bipartisan proposal included voter ID requirements and proof of citizenship to vote.
Sen. Lindsey Graham (R-S.C.), who opposed the anti-weaponization fund but still supports seeking damages for alleged government misconduct, introduced an amendment tied to the SAVE Act. However, he was fully aware that the SAVE Act wouldn’t stand a chance without a major change in Senate procedures.
This entire farce should stick in people’s minds for a couple of reasons. First, Senate Republicans crossed a line, taking ICE as a bargaining chip, just like the Democrats had previously done. They effectively held ICE hostage to force the Trump administration to drop the anti-weaponization fund. That’s a real betrayal of their base, all while threatening to undermine immigration enforcement.
Secondly, Senate Republicans have helped create a particularly precarious funding situation for ICE and CBP moving forward. These agencies are currently isolated from the usual appropriations process and could face another shutdown unless this approach is reversed. The reality is, Democrats are likely to try to defund both agencies once they have sufficient votes.
So, in short, don’t fall for the feel-good posts coming from Senate Republicans. We are gearing up to find someone new to take your place.
