DHS Shutdown, Congress Leaves DC

Midnight tonight is the deadline for Congress to act to keep the Department of Homeland Security (DHS) open, but Congress left town on Thursday afternoon for a 10 -day Presidents Day holiday break.  While talks between Senate Democrats and the White House continued this week, no real progress was made, and no legislation was approved.

The impasse between Congressional Democrats and the Trump administration continues to focus on the activities of ICE and the Border Protection agency over policies to find and deport illegal immigrants.  Democrats want safeguards against activities that led to killings in Minneapolis, warrantless searches, and the arrest of American citizens.  The White House has continued to negotiate with Democrats led by Senate Democratic leader Chuck Schumer of New York.

Republicans tried to pass another Continuing Resolution (CR) to keep DHS funded for two more weeks, but Democrats opposed the move without some provisions limiting ICE.  It is unclear what the impact will be on ICE operations as the agency got additional funding outside of the usual appropriations process in the president’s One Big Beautiful Bill Act.  However, other DHS departments such as the Transportation Security Administration (TSA), Federal Emergency Management Agency (FEMA), and the Coast Guard will be impacted. TSA agents are deemed essential and are required to work without pay, but from previous shutdowns we have seen some agents don’t come into work or look for other part-time jobs to make up for the loss of pay.  This could lead to delays at airport security checkpoints.

Fed Chair

To date no hearings have been set for the president’s nomination of Kevin Warsh to succeed Jay Powell as chair of the Federal Reserve.  Sen. Thom Tillis of North Carolina, a Republican who sits on the Banking Committee, has said that he won’t support any candidate until the administration drops its threat to prosecute Chair Powell.  As Banking Committee Republicans need Senator Tillis’s vote to move the nomination out of committee, this creates a roadblock to approval.  Other senators reportedly share Tillis’s concern. However, Powell’s term as chair runs until May, giving time for Senate Leadership and the White House to work out a compromise.

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