DHS, ICE funding expires

Funding for the U.S. Department of Homeland Security and some of its subagencies expired this past Friday as Republicans and Democrats were still negotiating – including Immigrations and Customs Enforcement (ICE) Though much of the federal government remains funded. DHS does not. The ICE funding lapse affects border security, TSA airport screening, disaster response, cybersecurity and immigration enforcement. It does not affect the Pentagon, VA or most civilian agencies. Employees for agencies shutting down are classified as “excepted,” meaning they must continue working even if pay is delayed. The other downside is that administrative offices, internal audits, policy rollouts, contractorsupported modernization efforts and some training programs may slow or pause, though the visual side of enforcement may continue.

For travelers, TSA screening will continue nationwide with airport checkpoints remaining open, though disruptions may increase and lead to longer security lines.

Programs such as Global Entry and certain administrative processing services could experience slower response times if support staff are furloughed.

The U.S. Coast Guard, which operates under DHS, will continue search-and-rescue operations, maritime security patrols without guaranteed pay during the funding lapse. For those service members, a prolonged shutdown could create financial stress.

FEMA disaster response operations generally continue during a shutdown if they are tied to life-saving missions or previously appropriated disaster relief funds, though preparedness programs, grant distributions, reimbursements and long-term mitigation planning may slow. Should a major disaster occur, Congress may need to pass targeted emergency funding for full response.

DHS controls much of the responsibility for protecting critical infrastructure and responding to cyber threats and while immediate threat response functions will continue, longer-term initiatives may face delays.

Currently there are no strong indications that the shutdown will end soon, with negotiations stalling over immigrations provisions tied to DHS funding. Congress failed to pass a continuing resolution and any breakthrough would require a negotiated compromise or recall vote.

On Feb. 4, House Minority Leader Hakeem Jeffries and Senate Minority Leader Chuck Schumer authored a letter with a list of 10 demands for immigration enforcement reforms which included: -No entering private property without a judicial warrant; -No wearing masks to conceal identity; -Officers must display ID when asked; -No raids in “sensitive locations,” including but not limited to churches, polling places, courts, etc.; -No racial profiling; -Upload use of force standards; -Ensure state and local oversight; -Build safeguards including allowing visitation to people in ICE facilities by their lawyers; -Mandatory use of body cameras; -Make immigration officers use police gear, not military gear.

For many Republicans, the Democrats list of demands is a non-starter.

Trump administration deportation efforts and methods have drawn criticism even from some Republicans and stern rebukes from some federal judges asked to rule on the legality of migrants' detentions, who say their orders are being defied.

The ICE immigration enforcement surge drew much attention in Minnesota due to reported violence by federal agents and two killings by agents, drawing demands for more accountability and transparency from many lawmakers. Earlier in the month, the Trump administration reported it would be withdrawing about 700 agents from the state, although about 2,000 agents will stay in place.

Democratic leaders maintain the number is still too high in Minnesota as well as other cities, resulting in weeks of feuding with Republicans over funding and reforms.