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Senate Fails to Advance DHS Funding Bill Amidst ICE Reform Dispute, Passes Resolution Disapproving D.C. Tax Act 49-47

SenateFeb 12, 2026

The Senate convened for a session marked by a critical vote on the Department of Homeland Security (DHS) appropriations bill, H.R. 7147. A motion to invoke cloture on the motion to proceed to the bill failed by a vote of 52-47, effectively stalling the funding measure and raising the prospect of a partial government shutdown. The debate centered on the need for reforms to Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) versus the imperative to fund essential government services. Additionally, the Senate passed H.J. Res. 142, disapproving a D.C. Council act, by a vote of 49-47.

This chamber-day holds high significance due to the failure to advance the DHS appropriations bill, which directly impacts the funding of critical agencies like FEMA, TSA, and the Coast Guard, and sets the stage for a potential partial government shutdown. The intense debate surrounding ICE and CBP reforms highlights deep divisions over immigration enforcement and civil liberties, indicating a prolonged legislative impasse. The passage of H.J. Res. 142 also represents a federal intervention into District of Columbia's legislative autonomy.

1.

Department of Homeland Security Appropriations Act, 2026

H.R. 7147

Question before the chamber

The question before the Senate was whether to invoke cloture on the motion to proceed to H.R. 7147, the Department of Homeland Security Appropriations Act, 2026.

The case for

Republicans, including Senator Thune and Senator Britt, argued for the necessity of funding the Department of Homeland Security to ensure the operation of critical agencies such as FEMA, TSA, the Coast Guard, and cybersecurity defenses. They emphasized that a bipartisan agreement on the bill had previously been reached and that the White House had shown good faith in negotiations, including announcing a drawdown of immigration enforcement agents in Minnesota. They stressed the importance of preventing a government shutdown that would impact the paychecks of federal employees and the safety and security of the American people, linking the need for funding to border security and mass deportations.

The case against

Democrats, led by Senator Schumer and Senator Murphy, argued that they would not support an extension of the status quo for ICE and CBP, citing widespread abuses including masked agents, warrantless searches, violence, and killings of American citizens. They demanded legislative reforms to rein in these agencies, insisting on basic standards of transparency and accountability, such as requiring judicial warrants, clear identification, and an end to racial profiling. They criticized the White House and Republicans for a lack of serious engagement in negotiations until the last minute, making it impossible to reach a compromise before the funding deadline.

Disposition

Motion to invoke cloture on the motion to proceed · recorded vote

Failed, as three-fifths of Senators did not vote in the affirmative.

Yeas 52, Nays 47

Government FundingImmigration EnforcementCivil LibertiesAgency AccountabilityBorder SecurityDisaster ResponseTransportation Security

Who is affected

  • Department of Homeland Security employees: Face potential loss of paychecks due to funding lapse if a shutdown occurs.
  • American public: Impacts on national security, travel safety (TSA), and disaster relief services (FEMA) if DHS is unfunded. Civil liberties concerns related to ICE/CBP enforcement practices.
  • Immigrant communities and citizens: Directly affected by ICE and CBP enforcement actions, including concerns over constitutional rights and safety.
2.

Disapproving the Action of the District of Columbia Council in Approving the D.C. Income and Franchise Tax Conformity and Revision Temporary Amendment Act of 2025

H.J. Res. 142

Question before the chamber

The pending question was the passage of H.J. Res. 142, a joint resolution to disapprove a temporary amendment act by the District of Columbia Council.

The case for

No specific arguments in favor of passing H.J. Res. 142 were aired in the provided Record text.

The case against

No opposition was aired in the Record specifically against the passage of H.J. Res. 142.

Disposition

Passage of the joint resolution · recorded vote

Passed.

Yeas 49, Nays 47

Federal Oversight of Local GovernanceTaxation Policy

Who is affected

  • Residents of the District of Columbia: The disapproval of the D.C. Council's act directly impacts local tax policy and the District's legislative autonomy.

DHS Appropriations Bill Stalled in Senate

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A motion to invoke cloture on the motion to proceed to H.R. 7147, the Department of Homeland Security Appropriations Act, 2026, failed with a vote of 52-47. This outcome prevents the Senate from immediately taking up the bill, leaving funding for critical DHS agencies in limbo as the current continuing resolution is set to expire.

Partisan Impasse Over ICE Reforms Blocks DHS Funding

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The failure to advance the DHS funding bill was driven by a sharp partisan divide. Democrats insisted on legislative reforms to rein in alleged abuses by ICE and CBP, citing concerns over warrantless searches, violence, and lack of accountability. Republicans accused Democrats of prioritizing political posturing over funding essential government services and of seeking to undermine immigration enforcement.

Unanimous Consent Request for Short-Term DHS Funding Fails

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A unanimous consent request to pass a two-week continuing resolution for DHS funding, aimed at allowing more time for negotiations on ICE reforms, was objected to by Democrats. This rejection underscores the deep-seated disagreement and the unwillingness of the Democratic caucus to extend current funding without immediate legislative changes to immigration enforcement practices.

Senate Passes Resolution Disapproving D.C. Tax Act

medium

H.J. Res. 142, a joint resolution disapproving the D.C. Income and Franchise Tax Conformity and Revision Temporary Amendment Act of 2025, passed the Senate by a recorded vote of 49-47. No specific debate on the merits of the D.C. act or the disapproval resolution was recorded in the provided text.

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