Senate Republicans are formulating a funding plan for the Department of Homeland Security (DHS) that excludes specific Immigration and Customs Enforcement (ICE) programs, particularly those associated with enforcement and removal. This strategy aims to resolve a partial government shutdown impacting DHS for over five weeks.
The proposal surfaced after a White House meeting, as noted in discussions among Republican conference members. It preserves funding for ICE investigations against cartels, human traffickers, and child predators while neglecting illegal alien enforcement operations. This approach aligns closely with previous Democratic proposals that Republicans had opposed.
Initially, Republicans had resisted any deal that left out ICE enforcement funding, pushing for comprehensive reforms instead. However, this new plan marks a significant shift, allowing the partial shutdown to linger without achieving the concessions on policies and funding that had previously been demanded.
Senator Thune characterized the discussions as productive, expressing optimism for resolution, but acknowledged that the lack of funding for enforcement hampers opportunities for further demands regarding reforms.
The current plan focuses primarily on standard appropriations to fund DHS, yet the omitted ICE enforcement operations might be revisited later through budget reconciliation. This process permits legislation to advance with a simple majority rather than the typical 60 votes needed to overcome filibusters.
Nevertheless, any agreement for the initial DHS funding will still necessitate Democratic backing to surpass the filibuster threshold in the Senate. There remains uncertainty regarding coordination with the House, as this proposal lacks prior vetting with House Republicans.
Concerns about national security and potential operational issues, such as longer airport lines, have also been highlighted if the shutdown continues. Even should reconciliation be pursued for ICE funding, strict Senate rules limit provisions to those with direct fiscal impact, not policy-focused.
Republicans have been looking into the possibility of integrating elements of the SAVE America Act into a reconciliation package. This act mandates proof of U.S. citizenship for federal election voter registration and introduces voter ID requirements, both of which are priorities for the White House and the majority of the Republican conference.
Fiscal components, such as withholding federal funds from states lacking photo ID requirements for voting, have been considered for inclusion due to their budgetary nature. Yet, these would require approval from the Senate parliamentarian to ensure compliance with the Byrd Rule, which disallows unrelated policy matters in reconciliation.
Senator Mike Lee (R-UT), who champions the SAVE America Act, remarked that integrating this legislation into reconciliation poses significant challenges. He stated, “It’s hard to imagine how the SAVE America Act could be passed through reconciliation. And by ‘hard’ I mean ‘essentially impossible.’”
🚨 JUST IN: Sen. Mike Lee tells John Thune and other senators NO, the SAVE America Act can NOT be passed with reconciliation, which was floated because it only needs 50 votes
“It can’t pass through budget reconciliation because it’s a policy, it is not budgetary and even if you… pic.twitter.com/9qs3EVkAbA
— Eric Daugherty (@EricLDaugh) March 24, 2026
Lee also noted, “The SAVE America Act doesn’t meet the standard characteristics of a budget reconciliation bill because it is not budgetary.” He pointed out the current voting climate, indicating that this simpler measure enjoys support from 85 percent of American voters.
Republicans are attempting to persuade Lee to postpone full debate on the SAVE America Act until after the Easter and Passover recess, in exchange for the potential inclusion of limited Fiscal components in reconciliation discussions. The standalone bill presently lacks adequate votes for approval under standard procedures, and Thune has effectively paused discussions about employing the talking filibuster.
