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THE DEMOCRATS’ LONG-AWAITED SPINE  
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Robert Kuttner
January 26, 2026
The American Prospect
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_ The latest ICE murder produces a unified Senate Democratic Caucus
blocking funding for the Department of Homeland Security until strict
and enforceable limits are set. _

A federal agent holds a person as agents try to clear demonstrators
near a hotel using tear gas during a protest in response to federal
immigration enforcement operations in Minneapolis. , Credit: Adam
Gray/AP Photo

 

The Senate Democratic Caucus met late Sunday and agreed to block $64.4
billion in funding for the Department of Homeland Security (which
includes $10 billion for ICE) unless several key conditions are
attached to restrain ICE thuggery and mayhem. The long-delayed show of
Democratic spine came after the latest ICE murder, of VA intensive
care nurse Alex Pretti.

Detailed language on the conditions is to be finalized today. They
include:

* An independent federal-state investigation, which includes
Minnesota officials, of ICE murders and tactics.
* A ban on ICE use of face masks.
* A requirement of body cameras (there was $20 million in funding
for body cameras in the current appropriations bill, but they are not
mandatory).
* A ban on roving ICE patrols.
* A ban on the invented category of “administrative warrants”
that bypass judges in violation of the Fourth Amendment.
* An end to arrest quotas.

The move came about after key Democratic moderates declared in the
wake of Pretti’s killing that they could not support ICE funding.
Sen. Catherine Cortez Masto (D-NV) said, “The Trump administration
and Kristi Noem are putting undertrained, combative federal agents on
the streets with no accountability.”

Sen. Mark Warner (D-VA), often another swing vote, wrote: “I cannot
and will not vote to fund D.H.S. while this administration continues
these violent federal takeovers of our cities.” Sens. Jacky Rosen
(D-NV), Tim Kaine (D-VA), Angus King (I-ME), and Dick Durbin (D-IL),
all of whom voted for funding to end the November government shutdown,
said they couldn’t vote for the DHS appropriations bill this time.

On Sunday, Democratic leader Chuck Schumer, averse to using the
shutdown threat this time, especially over immigration, said,
“Senate Democrats will not provide the votes to proceed to the
appropriations bill if the D.H.S. funding bill is included,” calling
events in Minnesota “appalling” and “unacceptable in any
American city.”

In the Senate, where Republicans have a narrow 53-47 majority,
appropriations require the support of Democrats to muster the 60 votes
needed to avoid a filibuster. The Democrats’ plan is to approve the
five other remaining appropriations bills, against a
government-shutdown deadline of January 31. The move will put
Republicans on the spot to either accept constraints on ICE in the
wake of a collapse of support for ICE and the Trump administration, or
to take the fall for another shutdown.

The House voted separately on the DHS bill and passed it along party
lines, while the other appropriations bills passed with broad
bipartisan support. But they combined them into one six-bill package,
which the Senate would have to affirmatively untangle in order to
comply with Democratic demands. And the House would have to then pass
that. This isn’t entirely likely before the deadline, but Democrats,
for now, are holding the line.

At yesterday’s caucus meeting, Schumer was pressed on whether he had
a firm head count and enough votes to block the DHS appropriation. He
said that he did.

While some in the Democratic Caucus would go even further and claw
back previously appropriated funds or demand changes in ICE
recruitment of thugs, this set of conditions will maintain Democratic
unity, and challenge Republicans to support even basic reforms. Thus
far, only three Republican senators have explicitly condemned ICE’s
actions and tactics.

Sen. Lisa Murkowski (R-AK) wrote
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tragedy and chaos the country is witnessing in Minneapolis is shocking
… Lawfully carrying a firearm does not justify federal agents
killing an American … A comprehensive, independent investigation …
must be conducted in order to rebuild trust.”

Sen. Bill Cassidy (R-LA), who is up for re-election and faces a MAGA
challenger endorsed by Donald Trump, wrote
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events in Minneapolis are incredibly disturbing. The credibility of
ICE and DHS are at stake. There must be a full joint federal and state
investigation. We can trust the American people with the truth.” And
Sen. Thom Tillis (R-NC), who is retiring this year, also condemned ICE
and called
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for an independent investigation.

Sen. Susan Collins (R-ME), chair of the Appropriations Committee, not
only faces a difficult re-election, but ICE has begun operations in
Maine. Collins put out the blandest of statements, calling for
equipping ICE agents with body cameras and giving them de-escalation
training. “At this time of heightened tensions, these steps could
help improve trust, accountability, and safety,” she said in a
statement
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While other officials have continued to flatly lie about the
circumstances of Pretti’s murder, Trump himself has begun to
equivocate. Reached Sunday by _Wall Street Journal_ reporter Josh
Dawsey
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Trump said, “We’re looking, we’re reviewing everything and will
come out with a determination.” Pressed on whether and when the
large ICE force would withdraw from Minnesota, Trump added, “At some
point we will leave … We’ll leave a different group of people
there for the financial fraud.” 

Meanwhile, the murder of Pretti has produced complete solidarity
across Minnesota state and local law enforcement, Gov. Tim Walz, Mayor
Jacob Frey, and an incensed, activated citizenry. The courts will also
need to decide whether they are supporting the administration or the
Constitution.

 A hearing is scheduled today on a petition to U.S. District Judge
Katherine Menendez to order federal law enforcement agencies to
drastically reduce the number of agents in Minnesota and restrict them
to enforcement of immigration laws subject to a specific list of
constitutional limits.

Over the weekend, Minnesota Attorney General Keith Ellison got a
temporary restraining order from a federal judge barring federal
officials from destroying evidence from the Pretti murder. “The fact
that anyone would ever think that an agent of the federal government
might even think about doing such a thing was completely unforeseeable
only a few weeks ago,” he said
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In the struggle to resist Trump’s explicit slide to fascism, we have
been close to inflection points before. This one could be real.

_ROBERT KUTTNER is co-founder and co-editor of The American Prospect,
and professor at Brandeis University’s Heller School. His latest
book is __Going Big: FDR’s Legacy, Biden’s New Deal, and the
Struggle to Save Democracy_
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Follow Bob at his site, __robertkuttner.com_
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* DHS
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* funding
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* US Senate
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* Democratic Party
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* filibuster
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