Senate Democrats gear up for an ICE shutdown fight
Plus: The congressional Republicans’ response to the Alex Pretti and the House gets its payback for the Senate’s Arctic Frost gambit.
76 days after eight Senate Democrats voted to end the longest government shutdown in American history, more than half are primed this week to sink a six-bill minibus that would lead to another partial funding lapse.
And they won’t be alone: Senate Minority Leader Chuck Schumer (D-N.Y.) announced his caucus would withhold its votes on the appropriations package if it includes a measure to fund the Department of Homeland Security.
I’m sure you know the pretext by now: Agents from Immigration and Customs Enforcement and Customs and Border Patrol on Saturday fatally shot Alex Pretti, a 37-year-old ICU nurse and U.S. citizen.
DHS claims Pretti approached agents with a 9-millimeter handgun, and agents fired defensive shots after attempts to disarm him. The agency also alleged violent resistance from Pretti.
But multiple bystander videos show Pretti holding a phone—not a gun—as he appeared to try to help someone who an agent pushed before Pretti is sprayed with mace, wrestled to the ground and shot. (Pretti had a carry permit and no serious criminal history beyond traffic infractions.)
Before the shooting, the expectation was that the minibus would sail through the Senate by the Thursday-night deadline, with Democratic defections limited to the progressive flank of the caucus.
But because the House combined the final four fiscal 2026 bills it passed last Thursday, plus two from the previous week, into one package, Democrats are now faced with an excruciating choice: Fund an agency it believes is acting with impunity or oppose a measure filled with labor, healthcare, education, military, transportation and housing priorities they helped negotiate.
“Democrats sought common sense reforms in the Department of Homeland Security spending bill,” Schumer, who will also oppose the package, said in a statement. “But because of Republicans’ refusal to stand up to President Trump, the DHS bill is woefully inadequate to rein in the abuses of ICE.”
Theoretically, the Senate could decouple the DHS bill from the package, as Schumer called for in a follow-up statement this afternoon. But that would require unanimous consent, which Republicans are unlikely to grant. Even in the improbable event they did, the House would have to pass the revised package, another doubtful outcome since the House is on recess this week and GOP leadership is disinclined to bring members back to pass a package they already approved. By the time the chamber is scheduled to vote again, the government would be more than 66 hours into a partial shutdown.
So we’re kind of back where we were at the end of September: Democrats weaponizing a must-pass bill to extract policy concessions on an issue Hill Republicans and the Trump administration are uninterested in compromising on. And as with health care then, and an unchecked ICE now, Democrats feel like public opinion is on their side. And that’s enough for them to pick this fight.
DHS holds line; GOP signals oversight
The administration’s response is what you’ve come to expect from Trump 2.0. DHS described the incident as self-defense during an enforcement operation and continues to defend the agents’ actions while characterizing Pretti as a threat.
Local authorities have contested DHS’s narrative and accused the agency of blocking access to the scene. A judge issued a restraining order prohibiting the feds from altering and destroying evidence.
But congressional Republicans have taken a more restrained approach.
House Homeland Security Committee Chair Andrew Garbarino (R-N.Y.) said in a statement that he expects a full investigation and that his panel will closely monitor it. He also invited ICE, CBP and U.S. Citizenship and Immigration Services officials to testify before the committee in the coming weeks. Garbarino provided dates between February and mid-March for the testimony.
Sen. Bill Cassidy (R-La.) called the shooting “disturbing” and said the credibility of ICE and DHS is at stake, while also supporting a full joint federal and state investigation.
“We can trust the American people with the truth,” Cassidy added. (FWIW: President Donald Trump endorsed a challenger in Cassidy’s reelection campaign last weekend. You have to wonder if and how that will play into future votes and decisions.
Sen. Thom Tillis (R-N.C.) also called for a “thorough and impartial investigation” and said that any administration official who rushed to judgment or attempted to shut down a probe would be doing a disservice to the nation and Trump’s legacy. Tillis is retiring at the end of his term next January, so he’s another Republican whose maverick streak could force reforms to DHS.
As for Trump, he hosted a screening of the film MELANIA at the White House the evening of the shooting. Earlier today, he posted a lengthy missive to his social media platform about White House ballroom under construction. Meanwhile, former President Barack and First Lady Michelle Obama described the Pretti killing as a national “wake-up call,” and said federal agents must act lawfully and with accountability and in partnership with state and local officials.
And while Speaker Mike Johnson (R-La.) will enjoy a reprieve from the Hill press corps this week, Senate Majority Leader John Thune (R-S.D.) will be bombarded with questions on the shooting from the moment he arrives at the Capitol this week.
A shutdown side plot: Arctic Frost and the week ahead
In other shutdown news, the Senate Judiciary Subcommittee on Privacy, Technology and the Law will meet Tuesday morning for a hearing on accountability for the telecommunications carriers involved in Arctic Frost—the Justice Department’s internal name for the criminal investigation opened in April 2022 into President Trump’s efforts to overturn the 2020 election, including the fake electors scheme and pressure on state and federal officials.
The Senate tucked a provision into the continuing resolution that ended the government shutdown last November that dramatically expanded lawmakers’ ability to sue the Justice Department, allowing a group
of senators to seek monetary damages of $500,000 or more if they claim the DOJ improperly interfered with or delayed compliance related to congressional oversight or litigation.
And last Thursday, the House got its payback: It unanimously approved a procedural amendment offered by House Rules Committee Chair Virginia Foxx (R-N.C.) in a 427–0 vote that rolled back the Arctic Frost provision, underscoring the broad, cross-party desire of the lower chamber to undo the liability language. The fix mirrored a bipartisan bill the House cleared without objection last November. And since the amendment included language that automatically applied the changes to the minibus, it eliminates the need for a separate vote and becomes law if and when it passes.
Below are the rest of the week’s committee hearings I’ll have my eye on:
Tuesday*:
The Senate Commerce Committee will hold a hearing at 10 a.m. to examine the front lines of connectivity, focusing on FirstNet’s role in public safety.
The Senate Intelligence Committee will hold a hearing at 3 p.m. on the nomination of Lieutenant General Joshua Rudd to be director of the National Security Agency.
The Senate Homeland Security Subcommittee on Disaster Management, District of Columbia and Census will hold a hearing at 3 p.m. to examine fraud in federal and state programs.
The Senate Agriculture Committee will hold a hearing at 3 p.m. to consider the Digital Commodity Intermediaries Act, which would establish a federal regulatory framework for digital asset intermediaries under the Commodity Futures Trading Commission (CFTC).
Wednesday:
The Senate Environment and Public Works Committee will hold a hearing at 10 a.m. on improving the federal environmental review and permitting process.
The Senate Health, Education, Labor, and Pensions Committee will hold a hearing at 10 a.m. on educational choice in America.
The Senate Foreign Relations Committee will hold a hearing at 10 a.m. on U.S. policy towards Venezuela.
The Senate Judiciary Committee will hold a hearing at 10:15 a.m. on the Foreign Intelligence Surveillance Act and executive accountability.
The Senate Homeland Security Subcommittee on Investigations will hold a hearing at 2 p.m. on one year after the Palisades fire.
The Senate Small Business Committee will hold a hearing on integrity in small business programs.
The Senate Indian Affairs Committee will hold a hearing at 2:30 p.m. on justice and safety for native children.
The Senate Commerce Subcommittee on Consumer Protection, Technology, and Data Privacy will hold a hearing at 2:30 p.m. on the live entertainment industry.
The Senate Veterans’ Affairs Committee will hold a hearing at 3:30 p.m. on efforts to restructure the Veterans Health Administration.
Thursday:
The Senate Aging Committee will hold a hearing at 9:30 a.m. on truth in drug labeling.
* The Senate postponed its Monday vote until Tuesday at 5:30 p.m. due to the winter storm (more below). It is possible that many of these hearings may be rescheduled or canceled.