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Senate Democrats block DHS funding bill as Friday shutdown nears

General • 2026-02-12 20:07:24
Senate Democrats block DHS funding bill as Friday shutdown nears

Senate Democrats block DHS funding bill as Friday shutdown nears

The Senate rejected a bid to keep the Department of Homeland Security funded on Thursday (ET), leaving a shutdown all but certain when the current stopgap measure runs out on Friday. The failed vote extends a tense standoff over immigration enforcement policy and border operations.

Vote falls short of 60-vote threshold

The chamber voted 52–47, short of the 60 votes required to advance the legislation. The tally broke almost entirely along party lines. One Democrat, Senator John Fetterman, crossed the aisle to support the measure. With the stopgap set to expire Friday (ET), the result pushes DHS to the brink of a shutdown.

Why the bill stalled: ICE and CBP guardrails

The legislation brought to the floor was the same DHS appropriations package Senate Democrats rejected weeks ago. Party leaders previously opted for a short-term extension to allow negotiations on guardrails for Immigration and Customs Enforcement and Customs and Border Protection. That push followed heightened scrutiny of enforcement activity in Minnesota and the fatal shooting of two U.S. citizens in Minneapolis, developments that intensified calls within the caucus for clearer limits and oversight on frontline operations.

Shutdown now ‘all but inevitable’

With only hours left before funding lapses on Friday (ET), lawmakers have not coalesced around an alternative path. The failure to clear the 60-vote bar on Thursday underscores the hardened fault lines over immigration enforcement and resources at the border. Absent a new agreement or rapid procedural maneuver, the department faces a funding lapse heading into the weekend.

Stalled talks on Capitol Hill

Negotiations remain mired over the scope of enforcement authorities and how to structure any constraints on detention, removals, and field operations. The impasse has persisted despite earlier expectations that a temporary funding bridge would create space for a compromise. As of Thursday night (ET), no revised proposal with the necessary bipartisan support had emerged.

Separate court ruling rebukes Pentagon in Mark Kelly case

In an unrelated development Thursday (ET), a federal judge blocked an effort to reduce Senator Mark Kelly’s retired military rank and pension. The dispute stems from a November video in which Kelly and other lawmakers reminded service members of their duty to refuse unlawful orders; in the clip, Kelly said, “Our laws are clear: you can refuse illegal orders.” A censure letter issued on January 5 accused Kelly of undermining good order and discipline and invoked rules that apply to active and retired personnel. Kelly filed suit a week later.

U.S. District Judge Richard Leon issued a preliminary ruling finding that the move to diminish Kelly’s retired status “trampled” on his First Amendment rights and “threatened the constitutional liberties of millions of military retirees.” In a pointed admonition, the judge wrote that “rather than trying to shrink the first amendment liberties of retired servicemembers, Secretary Hegseth and his fellow defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our nation over the past 250 years.”

What to watch next

All eyes now turn to whether Senate leaders can engineer a last-minute path to keep dhs operating past Friday (ET). The failed vote leaves few easy options, and any fresh attempt will need to navigate the same policy rifts that derailed the bill on Thursday. Barring a swift agreement, the department will enter a shutdown as the political fight over ICE and CBP guardrails intensifies.

Sources consulted: The Guardian, Axios