Republicans eye post, State of the Union leverage on DHS as Democrats stand firm on ICE reforms

GOP targets missed paychecks, travel chaos as leverage; Dems stay united in shutdown standoff
Chuck Schumer, US Senate Minority Leader, and Hakeem Jeffries, US House Minority Leader, led a bicameral delegation of Democratic lawmakers at a vigil outside the United States Capitol on January 6, 2026, in Washington, DC (Getty Images)
Chuck Schumer, US Senate Minority Leader, and Hakeem Jeffries, US House Minority Leader, led a bicameral delegation of Democratic lawmakers at a vigil outside the United States Capitol on January 6, 2026, in Washington, DC (Getty Images)

WASHINGTON, DC: Lawmakers return to Capitol Hill this week facing a steep climb to reopen the Department of Homeland Security (DHS), with Republicans hopeful that momentum following President Trump's State of the Union address could revive negotiations, even as Democrats show little appetite to soften their demands.

Talks between the White House and Democratic leaders have produced scant progress. As of Sunday, the administration had not issued a formal counteroffer after Democrats submitted what GOP sources dismissed as a “recycled” proposal last week.

Still, some lawmakers expect discussions to regain traction midweek.

Sen Markwayne Mullin (R-Okla) said Democrats were waiting until after the president’s speech to re-engage. “Once the State of the Union is over, then I’m sure talks will come back in,” Mullin said.

U.S. Senate Minority Leader Chuck Schumer (D-NY), joined by House Minority Leader Hakeem Jeffries (D-NY) and fellow congressional Democrats, speaks at a press conference on Department of Homeland Security (DHS) funding at the U.S. Capitol on February 04, 2026 in Washington, DC. The Democratic leadership outlined their demands for ICE accountability as Congress debates funding legislation for the DHS ahead of next week's deadline. (Photo by Kevin Dietsch/Getty Images)
US Senate Minority Leader Chuck Schumer (D-NY), joined by House Minority Leader Hakeem Jeffries (D-NY) and fellow congressional Democrats, speaks at a press conference on Department of Homeland Security (DHS) funding at the US Capitol on February 04, 2026, in Washington, DC ( Kevin Dietsch/Getty Images)

Democrats demand ICE guardrails to reopen DHS

The core dispute remains wide. Democrats insist on a series of reforms to Immigration and Customs Enforcement (ICE) as a precondition for reopening DHS.

Unlike last year’s 43-day shutdown, Democratic leaders appear insulated from internal dissent. The party has remained unified, emboldened in part by controversy surrounding the deaths of two US citizens in Minneapolis during federal immigration enforcement operations.

Sen Jacky Rosen (D-Nev.), who previously voted to reopen the government, placed responsibility squarely on Republicans.

“We need increased accountability for ICE to stop these abuses of power, but Washington Republicans would rather have the entire Department of Homeland Security shut down than put guardrails on ICE,” Rosen said.

Sen Catherine Cortez Masto (D-Nev), another past crossover vote, signaled no retreat. “If we do not stand up against this lawlessness that we see this administration engaging in, then what is left for us?” she said, adding, “I don’t know the pathway. I can only say at this moment and this time, the changes that we are demanding have to occur.”

Democrats’ proposal includes requiring immigration agents to operate unmasked, adhere to standards similar to those of other law enforcement agencies, and tighten warrant requirements. provisions Republicans have rejected as nonstarters.

White House deputy chief of staff James Blair accused Democrats of overreach. “They’re saying right now, OK, we’re going to close DHS until you basically stop enforcing immigration law in this country. We’re not going to do that,” Blair said. “This is just the Democrats’ grandstanding.”

MIAMI, FLORIDA - JANUARY 31: U.S. Secretary of Homeland Security Kristi Noem holds a news conference at Miami International Airport on January 31, 2026 in Miami, Florida. Secretary Noem discussed technology development and investment in the Transportation Security Administration and took questions on other topics. (Photo by Joe Raedle/Getty Images)
US Secretary of Homeland Security Kristi Noem holds a news conference at Miami International Airport on January 31, 2026, in Miami, Florida. ( Joe Raedle/Getty Images)

Travel programs caught in the crossfire

Potential public pressure points emerged over the weekend when DHS announced that Global Entry would be suspended because of the shutdown. The agency initially said TSA PreCheck would also halt operations before reversing course hours later.

Democratic negotiators expressed frustration, noting that neither program was disrupted during the previous shutdown.

“The Trump administration is choosing to inflict pain on the public instead of adopting common-sense ICE reforms,” Schumer said Sunday. “In the 43-day historic Trump government shutdown DHS never changed the Global Entry program’s status.”

While ICE operations remain largely protected, after Republicans approved $75 billion in border funding through the GOP’s sweeping legislative package, other DHS components face immediate strain.

Agencies including FEMA, the Transportation Security Administration, the Secret Service and the Coast Guard are preparing for missed paychecks at week’s end. Roughly 90 percent of DHS staff are deemed essential and must continue working without pay.

Republicans argue they have acted in good faith, citing the appointment of Tom Homan to oversee ICE operations, the use of body cameras for agents and the scaling back of enhanced enforcement actions in Minneapolis. Yet the political calculus remains uncertain.

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