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Senate passes shutdown fix, extends DHS talks

The Senate passed legislation Friday to separate the fight over ICE funding from the threat of a broader government shutdown.

Why it matters: It's a major step toward resolving the partial government shutdown that's set to begin at midnight, even as it leaves open questions about whether Democrats can deliver on promises to force changes at the Department of Homeland Security.


  • The package, which funds non-DHS programs through Sept. 30 and continues DHS funding at its current level for two weeks, passed 71-29.
  • Five Republicans and 24 Democrats voted "no."

Driving the news: Negotiations will now continue over Democrats' demands for changes at the department.

  • Senate Minority Leader Chuck Schumer (D-N.Y.) has said he's willing to let DHS funding lapse in two weeks if the talks don't result in changes Democrats want.
  • Those demands include barring federal agents from wearing masks and requiring that they wear body cameras, along with a ban on roving patrols and tighter use of warrants.
  • If negotiators fail to reach a deal over ICE and DHS, funding would also cease for the Coast Guard, TSA and FEMA.

Zoom in: A pair of demands from Sen. Lindsey Graham (R-S.C.) caused last-minute hiccups that bumped passage from Thursday night to Friday.

  • The passage vote proceeded after Majority Leader John Thune (R-S.D.) promised Graham future votes on two bills.
  • One would make it a crime for local officials not to comply with federal immigration law. The other would allow political groups and private citizens to sue the federal government over secret phone records seizure.
  • Graham objects to a House provision repealing a law allowing senators to sue the government for up to $500,000 if their phone records are secretly obtained.

Zoom out: Senate Democrats pledged this week to block government funding if the White House did not agree to reforms at DHS after federal agents killed 37-year-old Alex Pretti in Minneapolis on Saturday.

What's next: The House, which is not set to be in session until Monday, would also need to pass the package before it can head to President Trump's desk.

Editor's note: This story has been updated with additional reporting.

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