Partial shutdown seems increasingly likely as Democrats demand ICE changes
Headline Legal News
With a partial government shutdown looming, Senate Democrats laid out a list of demands Wednesday for the Department of Homeland Security, including an enforceable code of conduct for federal agents conducting immigration arrests and a requirement that officers show identification as the country reels from the deaths of two protesters at the hands of federal agents in Minneapolis.
It remained unclear if President Donald Trump and Republicans would be willing to meet those demands, even as funding for DHS and a swath of other government agencies was at risk of expiring Saturday. Irate Democrats have pledged to block a spending bill unless their demands for reforms are met.
Senate Democratic leader Chuck Schumer said Wednesday that the legislation won’t pass until U.S. Immigration and Customs Enforcement is “reined in and overhauled.”
“The American people support law enforcement, they support border security, they do not support ICE terrorizing our streets and killing American citizens,” Schumer said.
With an uncertain path ahead, the standoff threatened to plunge the country into another shutdown just two months after Democrats blocked a spending bill over expiring federal health care subsidies, a dispute that closed the government for 43 days as Republicans refused to negotiate. That shutdown ended when a small group of moderate Democrats broke away to strike a deal with Republicans, but Democrats are more united this time after the fatal shootings of Alex Pretti and Renee Good by federal agents.
There’s a lot of “unanimity and shared purpose” within the Democratic caucus, Minnesota Sen. Tina Smith said after a lunch meeting Wednesday.
“Boil it all down, what we are talking about is that these lawless ICE agents should be following the same rules that your local police department does,” Smith said. “There has to be accountability.”
As the administration’s aggressive immigration enforcement surge goes on, Schumer said Democrats are asking the White House to “end roving patrols” in cities and coordinate with local law enforcement on immigration arrests, including requiring tighter rules for warrants.
Democrats also want an enforceable code of conduct so agents are held accountable when they violate rules. Schumer said agents should be required to have “masks off, body cameras on” and carry proper identification, as is common practice in most law enforcement agencies.
The Democratic caucus is united in those “commonsense reforms” and the burden is on Republicans to accept them, Schumer said. He has asked Republicans to separate out the Homeland Security bill from the others to avoid a broader shutdown.
Senate Majority Leader John Thune, R-S.D., has said he was waiting for Democrats to outline what they want, and he suggested that they need to be negotiating with the White House. He indicated that he might be open to some of their demands, but encouraged Democrats and the White House to talk and find agreement.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.
