Senate Republicans Divided on Democrats’ Immigration Demands

Senate Democrats’ demands to overhaul immigration enforcement tactics are gaining traction among some Republicans, but broader agreement remains far off despite an imminent government funding lapse.

The debate over guardrails for Immigration and Customs Enforcement and Customs and Border Protection has become a flashpoint in funding talks as Democrats call for accountability after the Jan. 24 fatal shooting of Alex Pretti by federal officers in Minnesota.

Democrats are using a six-bill appropriations package that would fund several federal agencies, including the Department of Homeland Security, to push for oversight measures.

Democrats are seeking a series of new restrictions on immigration enforcement operations. These include prohibiting agents from wearing masks, requiring body cameras, mandating adherence to use-of-force standards applied to local law enforcement, limiting roving patrols, barring home entries without a judicial warrant, and requiring coordination with state and local officials.

The proposal to ban masks has emerged as a sticking point, with some GOP lawmakers warning it could expose officers to doxxing and threats. Meanwhile Democrats in the Congressional Hispanic Caucus are pushing for even stricter measures, including redirecting billions of dollars in enforcement funding to “community safety and affordability concerns.”

The negotiations are playing out as a partial government shutdown looms. Appropriations lapse for large swaths of the government, including DHS, early Saturday. Republican leadership had agreed to use a stopgap measure for DHS to allow negotiations to continue while passing the other funding bills, but the plan is in flux after an objection from Sen. Lindsey Graham (R-S.C.).

ICE and the Border Patrol will largely continue operations, as law enforcement work is generally exempt from shutdowns and the agencies are flush with cash from a megabill Republicans passed last year.

Early Negotiations

Negotiations over Democrats’ demands are poised to stretch out for weeks. Some GOP senators have indicated a willingness to consider narrow changes, including enhanced training requirements and the use of body cameras for ICE officers.

Sen. Thom Tillis (R-N.C.) said he hasn’t reviewed all of the Democratic proposals but raised concerns about banning masks for ICE officers, warning it could expose them to doxxing and threats in what he described as a highly charged social media environment. Tillis said he supports body cameras and de-escalation training.

Sen. Shelley Moore Capito (R-W.Va) said she’s open to discussions around body cameras and inspector general reports, adding that continued negotiations between the White House and Democrats over the coming weeks may be the best path forward.

Sen. Rick Scott (R-Fla.) said lawmakers should be asking what ICE “could do better.”

Sen. Alex Padilla (D-Calif.) said Republicans have told him in private conversations that the Democratic demands are “reasonable.”

Other Senate Republicans have shown disdain over the demands. Sen. Ted Cruz (R-Texas) said it’s “bizarre that the Democrats have decided that their number one priority is to protect illegal aliens.”

“Cameras are not the Democrats’ friend,” he said.

Sens. Mark Kelly (D-Ariz.) and Raphael Warnock (D-Ga.), who was in Minneapolis this week, said Democrats’ demands reflect concerns shared throughout the country over ICE tactics as Donald Trump’s administration carries out his aggressive immigration enforcement agenda.

Lawmakers also are escalating pressure for Homeland Security Secretary Kristi Noem to testify on Capitol Hill. She’s scheduled to appear before the Senate Judiciary Committee in March. Many Senate Democrats and a few Republicans have called for her to step down.