Senate Democrats block DHS funding demanding ICE reforms after Minneapolis killings

SDSenate Democrats blocked two separate DHS appropriations bills on Feb. 12, 2026, refusing to provide the votes needed to pass funding for the department through the end of fiscal year 2026. The bills would have funded TSA, Border Patrol, ICE, FEMA, Coast Guard, Secret Service, and Cybersecurity and Infrastructure Security Agency operations. Democrats said they would not vote for any DHS funding without new restrictions on how ICE agents conduct enforcement operations, particularly requirements that agents obtain judicial warrants before entering private homes to arrest people. Senate Majority Leader Chuck Schumer said the deaths in Minneapolis showed that ICE operates without sufficient oversight or accountability mechanisms.

On Jan. 23, 2026, ICE agents conducting Operation Metro Surge in Minneapolis killed RGRenee Good, a 37-year-old mother. On Jan. 28, 2026, ICE agents killed APAlex Pretti, a 37-year-old intensive care nurse who worked at the Minneapolis VA Medical Center. Both Good and Pretti were U.S. citizens. The circumstances of the shootings haven't been fully disclosed, but witness accounts describe agents entering residences during early morning hours and using force during confrontations. The DOJ Civil Rights Division announced it would investigate Pretti's death under federal civil rights statutes that prohibit law enforcement from depriving people of constitutional rights. The DOJ has not announced any investigation into Good's death, and hasn't explained why one U.S. citizen's killing by federal agents warrants civil rights investigation while another doesn't.

ICE Acting Director TLTodd Lyons testified before the Senate Homeland Security Committee on Feb. 12, 2026. He disclosed that ICE opened 36 excessive force investigations between January 2025 and January 2026. Of those investigations, 18 have been closed with findings that agents followed proper use-of-force protocols, 19 remain pending and under active investigation, and one case was referred to the Department of Justice for potential criminal prosecution of the agents involved. Lyons defended ICE's enforcement practices and said agents receive training on constitutional limits, de-escalation techniques, and proper use of force. He said the agency takes allegations of misconduct seriously and investigates every incident where force results in injury or death.

🦆Minnesota Attorney General KEKeith Ellison testified at the same Feb. 12 hearing. He told the Senate committee that Minneapolis recorded three homicides in 2026 through early February. Two of those three homicides were committed by federal immigration agents during ICE enforcement operations. The third was a domestic violence incident. Ellison called the deaths a public safety crisis and said federal immigration enforcement was now the leading cause of violent death in Minnesota's largest city. He said ICE operates in Minneapolis without coordinating with local law enforcement, without notifying state authorities, and without the judicial oversight that state and local police must follow when entering private residences. He asked Congress to require ICE to obtain warrants from federal magistrate judges before entering homes, just as FBI agents must do.

Democrats' proposed restrictions center on warrant requirements under the Fourth Amendment. The Fourth Amendment protects against unreasonable searches and seizures and generally requires law enforcement to obtain warrants from neutral judges before entering private homes. ICE currently operates under administrative warrants that ICE supervisors issue internally, not judicial warrants that federal magistrate judges sign after reviewing probable cause affidavits. Administrative warrants allow ICE to detain specific individuals but don't satisfy Fourth Amendment requirements for home entries. Democrats want to require ICE agents to obtain judicial warrants from federal magistrate judges before entering any private residence, showing probable cause that the person they're seeking is inside and that there's no less intrusive way to make the arrest. The proposal would still allow warrantless arrests in public places, at workplaces without reasonable expectation of privacy, and in true emergency circumstances.

Speaker Mike Johnson told reporters on Feb. 12 that warrant requirements would shut down deportation of virtually all illegal immigrants. He said ICE relies on early-morning home raids because that's when agents can find people who would otherwise evade arrest. He said requiring judicial warrants would alert targets through court filings and give them time to flee. He said the warrant process would create delays that make enforcement unworkable, especially given the volume of deportation cases. Johnson said ICE's administrative warrant system provides sufficient oversight because supervisors review evidence before approving warrants. He said Democrats' real goal isn't oversight but rather preventing deportations entirely. He said Republicans would rather accept a DHS shutdown than agree to restrictions that neuter immigration enforcement.

A DHS shutdown would affect multiple critical government functions. TSA would screen passengers at airports without pay, which could lead to longer security lines or reduced screening capacity if agents call in sick. Border Patrol would continue operations without paychecks. FEMA disaster response would be limited to life-saving activities only, with no new disaster declarations or recovery assistance. Coast Guard maritime operations would continue but without pay for personnel. Secret Service protection for the president and other officials would continue as essential services. Cybersecurity and Infrastructure Security Agency operations would be reduced. Immigration courts would close except for detained hearings. The shutdown would affect approximately 260,000 DHS employees, with about 200,000 deemed essential and required to work without pay.