WATCH LIVE: Schumer speaks after Democrats vote against DHS funding bill, making shutdown likely


WASHINGTON (AP) — A Department of Homeland Security closure appeared certain Thursday as lawmakers in the House and Senate were scheduled to leave Washington for a 10-day recess and negotiations with the White House stalled over Democratic demands for new restrictions.

Senate Minority Leader Chuck Schumer is expected to hold a press conference. Watch the live stream in our video player above.

The White House and Democrats have exchanged offers in recent days, with Democrats saying they want to impose restrictions on President Donald Trump’s broad immigration enforcement campaign. They called for better identification of U.S. Immigration and Customs Enforcement and other federal law enforcement officials, a new code of conduct for those agencies and more use of injunctions, among other requests.

The White House sent its final offer late Wednesday, including what Senate Majority Leader John Thune described as “concessions” by the Republican administration.

Thune, however, did not say what those concessions might be, acknowledging that the two sides have come “a long way to resolution” even as the Senate is scheduled to vote again on funding for the Department of Homeland Security.

Democrats have not publicly responded to the White House offer, but Senate Democrats voted against the department’s funding bill before leaving town, meaning funding will expire Saturday without any further action. The bill was rejected by 52 votes to 47, short of the 60 votes needed to pass.

Lawmakers in both chambers were aware of returning to Washington if the two sides reached an agreement to end the expected shutdown. But for now, Democrats say they need to see real changes before they will support funding DHS.

Senate Democratic Leader Chuck Schumer of New York said Thursday, before the vote, that Americans want accountability and “an end to the chaos.” “The White House and Republicans in Congress must listen and act.”

Schumer said it was not enough for the administration to announce an end to the immigration campaign in Minnesota that led to the arrest of thousands and the shooting death of two protesters.

“We need legislation to rein in ICE and end the violence,” Schumer said, otherwise the administration’s actions “could be undone tomorrow on a whim.”

Injunctions are a sticking point

Democrats have made demands for new restrictions on Immigration and Customs Enforcement and other federal law enforcement agencies after ICU nurse Alex Pretty was shot and killed by a US Border Patrol agent in Minneapolis on January 24, and some Republicans have suggested new restrictions are necessary. Renee Good was shot by ICE agents on January 7.

Thune, who urged Democrats and the White House to work together, noted that one sticking point is Democrats’ request for more judicial search warrants.

“The warrants issue is going to be very difficult for the White House or for Republicans,” Thune said. “But I think there are a lot of other areas where progress and progress have been made.”

In a list of demands they sent to the White House last week, Schumer and House Democratic leader Hakeem Jeffries of New York said DHS officers should not be able to enter private property without a warrant and that warrant procedures and standards should be improved. They said they wanted to end “roving patrols” of agents who target people on the streets and in their homes.

Most immigration detentions are conducted under administrative orders. These are internal documents issued by immigration authorities that authorize the arrest of a specific person but do not allow officers to forcibly enter private homes or other non-public places without their consent. Traditionally, only arrest warrants signed by judges have this power.

But an internal ICE memo obtained by The Associated Press last month allows ICE officers to use force to enter a residence based only on a narrower administrative order to arrest someone with a final order of removal, a move advocates say conflicts with Fourth Amendment protections.

The White House fell silent

Congress is trying to renegotiate the Department of Homeland Security spending bill after Trump agreed to a Democratic request to separate it from a larger spending measure that became law last week. This package extended Homeland Security funding at current levels only through Friday.

Schumer and Jeffries said they want immigration officers to remove their masks, show identification and better coordinate with local authorities. They also called for a stricter use-of-force policy for federal officers, legal safeguards in detention centers and a ban on tracking protesters with body cameras.

Democrats also say Congress should end random arrests and require that before a person can be detained, authorities must verify that the person is not a US citizen.

Republicans have largely opposed most of the items on the Democrats’ list. But Trump has remained relatively silent about the talks.

Effect of closure

Republicans tried to temporarily extend funding, but Democrats blocked that bill as well.

“We will not support extending the status quo,” Schumer said.

The impact of the Department of Homeland Security closure is likely to be minimal at first. It is unlikely to block any immigration enforcement operations, since Trump’s tax-cutting and spending bill passed last year gave ICE about $75 billion to expand detention capacity and bolster enforcement operations.

But other agencies in the department — including the Transportation Security Administration, the Federal Emergency Management Agency, the Secret Service and the Coast Guard — could take a bigger hit over time.

The Disaster Relief Fund has sufficient balances to continue emergency response activities during the shutdown, but would be severely strained in the event of a catastrophic disaster, Greg Phillips, an associate administrator at the Federal Emergency Management Agency (FEMA), said at a hearing this week.

While the agency continues to respond to threats such as flooding and winter storms, long-term planning and coordination with state and local partners is “irreversibly impacted,” Phillips said.

Associated Press writers Seung-Min Kim and Rebecca Santana contributed to this report.

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