DHS funding still up in the air

Following the shooting last weekend by Border Patrol of an armed rioter in Minneapolis, Senate Democrats decided they would not allow the Department of Homeland Security (DHS) appropriations bill to pass the Senate. Their decision threatens a larger government shutdown, since the DHS funding bill is part of a package of bills that also funds the Departments of Defense, Labor, Transportation, Health and Human Services, and more. Separating out the DHS bill requires 60 Senators to first vote to bring the package to the floor before it can be split up. The Senate tried yesterday to accomplish that, but failed by a vote of 45 to 55.

Last night, the White House and Senate Democrats reached a deal to prevent a partial government shutdown as both sides agreed to pass the non-DHS funding bills, and to extend funding for DHS at current levels until mid-February. This would provide time for both sides to work out a longer-term funding deal for the remainder of the fiscal year.

However, the deal hit a snag last night when Sen. Lindsey Graham (R-SC) objected to quickly passing the spending package over a non-immigration-related issue. Some Senate Democrats also appear to be balking at the deal. Funding for the affected agencies runs out at midnight tonight.

Assuming both Chambers can approve the spending deal in the next few days, the White House and lawmakers will then need to agree on a new spending bill for DHS before Feb. 13. In response to enforcement efforts in Minnesota, Democrats are demanding that the new DHS funding bill:

• end roving patrols by Immigration and Customs Enforcement (ICE) and tighten rules governing the use of warrants by officers targeting illegal aliens;
• establish a universal code of conduct governing federal law enforcement officers' use of force; and
• prohibit officers from wearing masks and require them to wear body cameras and proper identification.

The Democrats demand for judicial warrants in order for ICE to arrest illegal aliens should be a nonstarter for President Trump and Republicans, since it would effectively halt the deportation of any alien without a federal criminal conviction. Moreover, if Democrats want to insist on unmasking ICE officers, they must also agree to the arrest and criminal prosecution of every person—including public officials—who doxxes or threatens ICE officers or their families. Otherwise, they are putting targets on the backs of these law enforcement officers.

With the DHS bill apparently back open for negotiation, Rep Chip Roy (R-TX) has said he'll push for a provision that strips federal funding from sanctuary jurisdictions. Rep. Andy Harris (R-MD) has said he'll push to add more H-2B visas to the bill. Rep. Harris had secured an amendment to the original bill that would have increased the number of H-2B visas issued in 2026 from 66,000 to 268,000. That provision was stripped from the bill before passage and replaced with one that allows the DHS Secretary to increase the number by no more than 65,000.

Homan sent to Minnesota

Meanwhile, Pres. Trump has sent White House Border Czar Tom Homan to Minnesota to run immigration-enforcement efforts there. Homan has been in Minnesota since Wednesday and is trying to convince Minnesota Governor Tim Walz, Attorney General Keith Ellison, and Minneapolis Mayor Jacob Frey to give ICE access to local jails in the sanctuary state. Jail access would allow ICE officers to take criminal aliens directly from the jails and remove them, rather than having to hunt them down in local communities. Frey has made it clear that he has no intentions of allowing local police to help federal immigration enforcement efforts, including for criminal aliens.

Homan says that, in an effort to ease tensions between agitators and DHS personnel, he'll direct ICE to focus efforts on criminal illegal aliens in a more targeted way. Supporters of mass deportations, including the Immigration Accountability Project, have suggested that worksite enforcement would be more productive than just focusing on criminals. Voters gave Pres. Trump a mandate to carry out mass deportations, not to limit deportation efforts to criminal aliens.

Sen. Katie Britt jumps into Immigration Rankings top 10

Sen. Katie Britt (R-AL) jumped five spots to the No. 6 ranking in the Senate in this week's release of the Congressional Immigration Rankings at IAP Action. Sen. Britt made the move after cosponsoring S. 128, the SAVE Act, introduced by Sen. Mike Lee (R-UT). The SAVE Act would require documentary proof of U.S. citizenship when registering to vote and is rated as Key Legislation by IAPAction.com.

Sen. Shelley Moore Capito (R-WV) made the biggest move in the Senate, jumping eight spots to No. 18 after she also cosponsored the SAVE Act.

Rep. Riley Moore (R-WV) jumped four spots in the House rankings to No. 20. Rep. Moore cosponsored H.R. 1241, the SAFE for America Act, introduced by Rep. Mike Collins (R-GA). The bill would end the Visa Lottery and is rated as Key Legislation by IAPAction.com.

Reps. Jason Crow (D-CO) and Raul Ruiz (D-CA) both dropped six spots in the House rankings to Nos. 327 and 313, respectively. Both cosponsored legislation that would place restrictions on ICE's enforcement efforts.

You can view the full Congressional Immigration Rankings at IAPAction.com.

Immigration Articles

CNBC: Texas governor halts new H-1B visa petitions by state agencies, public universities

Texas Governor Greg Abbot has announced a freeze on new H-1B petitions by state agencies, joining Governor DeSantis of Florida in finding ways to stop the use of the notorious visa program at the state level. (IAP first suggested to Gov. DeSantis’ team that governors have the authority to bar hiring of H-1Bs by state-funded entities.) Abbott wrote: “In light of recent reports of abuse in the federal H-1B visa program, and amid the federal government’s ongoing review of that program to ensure American jobs are going to American workers, I am directing all state agencies to immediately freeze new H-1B visa petitions.”

Fox News: Mass immigration is economic warfare and few Americans understand why

Ammon Blair of the Texas Public Policy Foundation writes about how mass immigration and the resulting multi-billion dollar remittance flows function as a form of "asymmetric economic warfare" that destabilizes the American labor market while providing a financial lifeline to foreign regimes.

The Federalist: LinkedIn Blames ‘Error’ After Removing Pro-ICE Post Over ‘Hateful Speech’

Early this week, our friends at the State Freedom Caucus Network posted on LinkedIn about the importance of States cooperating with ICE and CBP to remove illegal aliens, but it was flagged by LinkedIn as “hate speech.” 

Next Week

The House and Senate will return next week. If the Senate is able to pass the funding package to keep the government open in the next couple of days, the House will take it up as soon as Monday.