Senate Votes 52-46 to Proceed to FY2026 Budget Resolution, Setting Stage for Reconciliation on DHS Funding
The Senate convened for a session primarily focused on budgetary matters, voting to proceed to S. Con. Res. 33, the congressional budget resolution for fiscal year 2026. This procedural vote, which passed 52-46 along party lines, initiates a reconciliation process aimed at providing multi-year funding for the Department of Homeland Security's Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agencies. The debate highlighted deep partisan divisions over immigration enforcement, federal spending, and the use of the reconciliation mechanism. Additionally, the Senate passed two bills by unanimous consent: S. 1528, the Comprehensive Health and Integrity in Licensing and Documentation Act of 2025, and S. 2132, the Conflict-free Leaving Employment and Activity Restrictions Path Act.
This chamber-day is significant as the Senate advanced a budget resolution that explicitly calls for reconciliation instructions to increase the deficit by up to $140 billion for DHS agencies. This move bypasses regular appropriations, reflecting a breakdown in bipartisan agreement on funding critical law enforcement and border security functions. The debate underscored fundamental disagreements on immigration policy, federal spending priorities, and the appropriate use of legislative tools, setting the stage for a contentious budgetary process for the remainder of the fiscal year and beyond.
S. Con. Res. 33, setting forth the congressional budget for the United States Government for fiscal year 2026 and setting forth the appropriate budgetary levels for fiscal years 2027 through 2035.
S. Con. Res. 33Question before the chamber
Motion to proceed to S. Con. Res. 33.
The case for
Senator Thune and Senator Barrasso argued that the budget resolution is necessary because Democrats have refused to fully fund the Department of Homeland Security (DHS) through regular appropriations, particularly ICE and Border Patrol. They stated that these agencies are critical for national security, border protection, and removing criminal illegal immigrants. They highlighted that Border Patrol agents apprehend gang members, suspected terrorists, and seize illegal drugs, and that ICE removes criminals. They asserted that Republicans had operated in good faith on appropriations but Democrats walked away from bipartisan talks. The resolution aims to fund these agencies for the next three years with more resources than ever before, preventing future attempts to "defund law enforcement."
The case against
Senator Schumer and Senator Merkley strongly opposed the budget resolution, characterizing it as a "partisan sideshow" and a "Big Ugly Betrayal" that prioritizes "Trump's rogue Agencies" over lowering costs for American families. They argued that the bill provides $140 billion for ICE and Border Patrol without any reforms or accountability, despite these agencies already having over $100 billion in unobligated funds from previous appropriations. Senator Merkley criticized the use of reconciliation, which was originally intended for deficit reduction, to increase the deficit and expand what he called "Trump's secret police" operations, citing concerns about agents operating in secret, without identification, and engaging in violent tactics. They emphasized the need for accountability and reforms for ICE and CBP, rather than just more funding.
Disposition
Motion to proceed agreed to · recorded vote
The Senate agreed to proceed to the consideration of S. Con. Res. 33.
Yeas 52, Nays 46
Who is affected
- American taxpayers: Potential increase in national debt due to deficit-increasing reconciliation instructions and continued federal spending.
- Immigrants and border communities: Increased enforcement activities and detention capacity for ICE and CBP, with potential implications for civil liberties and community relations.
- Federal agencies (DHS components): Secured funding for ICE and CBP for three years, potentially impacting their operational scope and staffing levels.
- Legislative process and inter-party relations: Further entrenchment of partisan divisions over federal spending and immigration policy, with reliance on reconciliation bypassing regular order.
Senate Votes to Proceed to FY2026 Budget Resolution
highThe Senate voted 52-46 to proceed to S. Con. Res. 33, the budget resolution for fiscal year 2026, which includes reconciliation instructions for increased funding to DHS agencies. This vote was largely along party lines, indicating a highly partisan path forward for federal spending.
Reconciliation Process Initiated for DHS Funding
highThe budget resolution includes reconciliation instructions for the House and Senate Committees on Homeland Security and the Judiciary to increase the deficit by up to $70 billion each, totaling $140 billion, for DHS agencies like ICE and CBP over the period of fiscal years 2026 through 2035. This is presented by the majority as a means to ensure these agencies are funded for the next three years, circumventing what they describe as Democratic obstruction in the regular appropriations process.
Partisan Divide Over Immigration Enforcement and Federal Spending
highThe debate surrounding the budget resolution revealed sharp disagreements. Republicans emphasized the necessity of funding ICE and Border Patrol for national security and border protection, accusing Democrats of seeking to "defund the police" and promote "open borders." Democrats countered by criticizing the proposed funding as an expansion of "Trump's secret police" without accountability, highlighting existing unobligated funds for these agencies, and arguing that the focus should be on lowering costs for American families.
Passage of CHILD Act and CLEAR Path Act
mediumThe Senate passed S. 1528, the Comprehensive Health and Integrity in Licensing and Documentation Act of 2025, which amends the National Child Protection Act of 1993 to expand background check requirements. It also passed S. 2132, the Conflict-free Leaving Employment and Activity Restrictions Path Act, which amends title 18, United States Code, to prevent conflicts of interest following government service. Both bills passed by unanimous consent.
Unsuccessful Attempt to Pass Speedy Tariff Refund Act
mediumA unanimous consent request to immediately consider and pass S. 4364, the Speedy Tariff Refund Act, was objected to. Proponents argued the bill was necessary to expedite the refund of $166 billion in tariffs deemed unlawful by the Supreme Court, citing delays and administrative hurdles by the Trump administration. The objection stated that the administration was already implementing a system for refunds and the legislation was unnecessary.