Congress passes DHS funding bill after record 76-day shutdown — but leaves ICE and Border Patrol with nothing
The House on Thursday approved legislation to restore funding to most of the Department of Homeland Security, ending a record 76-day partial shutdown that left tens of thousands of federal employees working without guaranteed paychecks. The catch: the bill specifically zeroes out money for Immigration and Customs Enforcement and Border Patrol, the two agencies at the center of the nation's immigration enforcement mission.
The House passed the measure by voice vote, unanimously, after the Senate had cleared the same package more than a month earlier. President Trump signed the bill quickly after it reached his desk, officially closing a shutdown that began on Feb. 14 and stretched longer than any previous DHS funding lapse in history.
The legislation fully funds the Coast Guard, the Transportation Security Administration, the Secret Service, the Federal Emergency Management Agency, and the Cybersecurity and Infrastructure Security Agency through Sept. 30. But ICE and Customs and Border Protection, the agencies that actually arrest illegal immigrants, patrol the southern border, and carry out deportation orders, will have to wait.
A two-track plan born from political deadlock
Congressional Republicans say they deliberately excluded immigration enforcement agencies from the bill so they could fund them separately through budget reconciliation. That process requires only 51 Senate votes and bypasses the filibuster, which means Democrats cannot block or water down the funding. The reconciliation package would fund Border Patrol and ICE "to the tune of tens of billions of dollars," with the Washington Times reporting that the House adopted a budget resolution directing committees to draft legislation by May 15 providing up to $75 billion for ICE and CBP.
The logic, from the Republican side, is straightforward: funding DHS on partisan lines instead of through a larger appropriations package would largely prevent Democrats from constraining Border Patrol and ICE's immigration enforcement strategy and tactics. No amendment games. No poison pills. No leverage for the minority party to gut enforcement from the inside.
Trump has demanded passage of the reconciliation package by June 1, the New York Post reported. That timeline gives Congress roughly four weeks to draft, mark up, and pass a bill that would fund the two most politically contentious agencies in the federal government for three years.
The strategy did not come together without friction. Internal GOP conflict over the DHS funding bill had been building for weeks, and House Speaker Mike Johnson and his leadership team decided in a private meeting earlier Thursday that they had little choice but to move the legislation forward.
Frustration on the House floor
Even members who voted yes did not pretend to be happy about it. Rep. Chip Roy, the Texas Republican, did not mince words ahead of the vote.
"I think it's asinine that we're funding the government this way."
Roy's frustration captured a broader sentiment among fiscal conservatives who believe Congress has abandoned the regular appropriations process entirely. Instead of twelve individual spending bills debated and amended in the open, lawmakers keep lurching from continuing resolution to continuing resolution, with occasional standalone packages like this one patching holes after the damage is already done.
Rep. Mario Diaz-Balart of Florida aimed his criticism squarely at the Senate, where the filibuster had become the central obstacle to funding DHS with immigration enforcement dollars included.
"The Senate is more concerned about preserving the filibuster than they are about preserving the Constitution. The filibuster is not in the Constitution. The appropriations bills are."
That line draws a sharp distinction worth noting. The Constitution requires Congress to appropriate funds for government operations. The filibuster is a Senate procedural rule, one that Senate Democrats used repeatedly to block DHS funding before eventually passing the stripped-down version that excluded ICE and Border Patrol.
TSA agents and Coast Guard members caught in the middle
Rep. Zach Nunn of Iowa framed the vote in terms of the real people affected, the frontline DHS employees who had been working without pay certainty for more than two months.
"This should have been done a long time ago. I want to see a resolution today to make sure these guys are paid."
The shutdown had threatened paychecks for TSA screeners, Coast Guard personnel, Secret Service agents, and FEMA staff. These are not political appointees or Washington desk jockeys. They are the people who screen your bags at the airport, respond to hurricanes, and protect the president. Temporary executive-branch funding measures had been keeping them afloat, but that money was running out, AP News reported.
Speaker Johnson acknowledged the pressure plainly. "We were not going to have lines at TSA," he said. "Everybody gets their paychecks now and will get them moving forward."
DHS Secretary Markwayne Mullin, a former House member, had been warning publicly that the department was almost out of money. After Trump signed the bill, Mullin posted on X: "To our great, patriotic employees who have continued to protect the homeland every single day without a guaranteed paycheck, thank you."
The real fight is still ahead
The bill Congress passed Thursday solves one problem and defers another. The agencies that keep airports running, coastlines patrolled, and disaster response operational now have funding through the end of the fiscal year. But ICE and Border Patrol, the agencies responsible for interior enforcement, deportation flights, border security operations, and detention, still have no annual appropriation.
Republicans are betting that reconciliation gives them a cleaner path to fund enforcement without Democratic interference. Johnson said the goal is to fund ICE and Border Patrol for three years "with no crazy Democrat reforms." That language signals the GOP intends to lock in enforcement funding well beyond a single fiscal year, insulating it from the kind of annual hostage-taking that produced this 76-day standoff in the first place.
The two-track plan adopted by Johnson and Senate Majority Leader Thune was designed precisely for this scenario, fund the noncontroversial agencies through regular order, then use reconciliation's simple-majority threshold to push enforcement funding past the Senate's 60-vote barrier.
Whether that gamble pays off depends on whether Republicans can hold their own caucus together through the reconciliation process. The House prepared to leave for a week-long recess after Thursday's vote, and the May 15 committee deadline will arrive fast. Any defections in the Senate, where Republicans hold a narrow majority, could stall the entire effort.
Rep. Rosa DeLauro, the top Democrat on the House Appropriations Committee, offered her own assessment of the timeline. "It is about d*** time," she said, a rare moment of bipartisan agreement on at least the basic fact that the shutdown had gone on far too long.
But DeLauro's party bears significant responsibility for the length of the standoff. Democrats used procedural tools to strip immigration enforcement funding from the bill, then turned around and demanded Congress fund the department. House Republicans forced multiple DHS funding votes during the shutdown, each time running into the same wall.
What the bill actually does, and doesn't
The legislation funds most DHS agencies through the end of fiscal year 2026. The Coast Guard, TSA, Secret Service, FEMA, and CISA all receive full-year appropriations. ICE and the border-security functions of CBP were excluded, not because they were forgotten, but because they already had a separate funding stream that kept them operating during the shutdown, Just The News reported.
That detail matters. ICE agents and Border Patrol officers were not furloughed during the 76-day lapse. Their operations continued under existing authorities. But the lack of a formal appropriation creates uncertainty, limits hiring, and constrains long-term planning, exactly the kind of bureaucratic limbo that weakens enforcement capacity without anyone having to cast a politically visible vote against it.
The reconciliation bill, if it passes, would change that equation dramatically. Up to $75 billion for ICE and CBP, locked in for three years, passed on a party-line vote. No Democratic amendments. No filibuster. No negotiated concessions on enforcement tactics.
That is what Democrats were trying to prevent, and why they were willing to let TSA agents and Coast Guard members go without guaranteed pay for 76 days to stop it.
The pattern is the point
The DHS shutdown followed a pattern that has become depressingly familiar in Washington. Congress fails to pass regular appropriations bills on time. A shutdown begins. Federal workers, the ones who actually do the work, bear the cost. Politicians posture. Eventually, a deal gets cut that papers over the underlying disagreement without resolving it.
What made this one different was the scale and the stakes. Seventy-six days. The longest DHS shutdown in history. And the core dispute was not about spending levels or policy riders in the traditional sense. It was about whether the federal government would fund the agencies responsible for enforcing immigration law, a basic function of national sovereignty that one party has decided is optional.
Trump's signature ended the immediate crisis, but the harder question remains open. If Republicans cannot pass the reconciliation bill by June 1, ICE and Border Patrol will be right back where they started, operating without a real budget, planning in the dark, and waiting for Congress to decide whether enforcing the border is worth funding.
When a country cannot agree to pay the people who guard its borders, the problem is not a budget dispute. It is a disagreement about whether borders matter at all.

