Democratic lawmakers are pressing Republican leadership to adopt a set of reforms at the Department of Homeland Security (DHS) as Congress races to reach a compromise before the agency’s funding expires in less than 10 days. 

In a Feb. 4 letter to House Speaker Mike Johnson, R-La., and Senate Majority Leader John Thune, R-S.D., Senate Minority Leader Chuck Schumer, D-N.Y., and House Minority Leader Hakeem Jeffries, D-N.Y., outlined 10 proposed “guardrails” they say Congress must impose on DHS as part of any funding agreement.

The letter comes as Congress operates under a stopgap funding measure signed Feb. 2, which extends DHS operations through at least Feb. 13. By that date, lawmakers must strike a broader deal, approve another short-term extension, or risk another lapse in funding.

DHS, which oversees Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), has faced scrutiny for its immigration enforcement tactics following the fatal shootings of two U.S. citizens by federal agents in Minnesota in January. Republicans have focused much of their criticism on DHS leadership and its operations within the state, while Democrats have pointed to the incidents as evidence of broader systemic problems within the department. 

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“Federal immigration agents cannot continue to cause chaos in our cities while using taxpayer money that should be used to make life more affordable for working families,” Schumer and Jeffries wrote in the letter. The Democratic leaders called for the following measures:

• Targeted enforcement requiring court-issued warrants for arrests or entry onto private property and verification that an individual is not a U.S. citizen before immigration detention

• No masks for agents during enforcement actions

• Clear identification, including visible ID badges and agent self-identification upon request

• Protection for sensitive locations, including schools, churches, medical facilities, child care centers, polling places, and courts

• Bans on “racial profiling”

• Updated use-of-force standards with expanded training and state and local investigative authority

• State and local consent and cooperation for large-scale enforcement operations

• Addition of “safeguards into the system” by ensuring all DHS buildings abide by the same standards, require immediate access to a person’s attorney, prohibit limitations on “member visits” to ICE facilities, and allow states to sue DHS for any violations

• Mandatory body-worn cameras for ICE and CBP agents 

• Regulation and standardization of the uniforms and equipment used by DHS officers

The letter concluded, “These are common sense solutions that protect constitutional rights and ensure responsible law enforcement.”

A DHS funding bill will require at least some Democratic support in the Senate, where bipartisan cooperation is necessary to meet the 60-vote threshold to advance most legislation. The House operates under a simple majority. 

GOP response 

Johnson has signaled some openness to changes, saying on Feb. 1 that certain proposals were “reasonable and should happen,” but others would require “a lot more negotiation.” 

He voiced support for banning roving patrols and expanding body camera use but rejected proposals barring masks and expanding warrant requirements. Officers wear masks “to protect their own identities and protect their own families,” he said and argued that expanding warrant requirements would add a “whole other layer of, effectively, bureaucracy” to immigration enforcement.

DHS Secretary Kristi Noem has already ordered body cameras for agents operating in Minnesota, with plans for nationwide rollout when “funding is available.” 

Speaking from the Senate floor Feb. 5, Thune said, “As of right now, we aren't anywhere close to having any sort of an agreement that would enable us to fund the Department of Homeland Security.” 

Democrats must “negotiate in good faith and reach an agreement quickly,” Thune added.

Republican Sen. Katie Britt of Alabama, who is leading negotiations for Senate Republicans, quickly responded to Democrats’ demands on X Feb. 4. She called the proposal a “ridiculous Christmas list of demands for the press.” 

In a separate post, she said the letter revealed that “Democrats just admitted they think illegal aliens need to be protected at polling places. Why exactly would illegal aliens be at polling places?” 

Britt argued that lawmakers “MUST fully fund DHS AND pass the SAVE America Act,” a measure that would require documentary proof of U.S. citizenship to register to vote in federal elections. 

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