Senate races to avert third shutdown as DHS deal takes shape

The Senate is scrambling to avoid a third government shutdown under President Donald Trump, and after negotiations seemingly appeared to hit a brick wall, lawmakers are cautiously optimistic that a deal could be made. 

Senate Republicans received Senate Democrats' "partisan wishlist" of demands over the weekend, sources familiar with negotiations told Fox News Digital. The White House sent over its own counter-proposal, but several lawmakers weren't clear what was in the package as of Monday night. 

Some, including Senate Majority Leader John Thune, R-S.D., wouldn't say, but noted that congressional Democrats and the White House were "trading papers," and signaled that the back and forth activity was a good sign of negotiations moving forward. 

But lawmakers aren't out of the woods yet, a reality that Thune warned of since Senate Democrats demanded a two-week funding extension for the Department of Homeland Security (DHS). Congress has until Friday to avert a shutdown and little time to actually move a short-term patch from one side of the building to the other. 

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Republicans are mulling another short-term extension, known as a continuing resolution (CR), to avert a partial shutdown. Thune said whether Democrats would sign off depended on how well background negotiations were going, but hinted that so far, things were moving toward a solution. 

"I think, based on what I'm familiar with about the discussion so far, I think there is, but we'll know more when the proposal comes back," Thune said. "Let's have a chance to evaluate it." 

Thune later said that he planned to tee up another CR on Tuesday, but noted that the length would "have to be negotiated. But let's see what the next day brings, and we'll go from there."

Democrats’ prime objective is reining in Immigration and Customs Enforcement (ICE), following the fatal shootings of Alex Pretti and Renee Nicole Good. 

The proposal they submitted included items that are a bridge too far for Republicans, including requiring ICE agents to get judicial warrants, de-mask and have identification ready — some in the GOP warn doing so would lead to more agents being doxxed, or when a person’s private information is made public, like their address. 

Senate Minority Leader Chuck Schumer, D-N.Y., warned that the "clock is ticking" for Republicans to respond. 

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"We have sent you our proposals, and they are exceedingly reasonable," Schumer said on the Senate floor. "I hope our colleagues on the other side, many of whom, at least here in the Senate, recognize that things need to change, show they're ready to act in a meaningful way."

Prior to Democrats finally handing over the legislative version of their demands on Saturday, Republicans publicly questioned if they actually wanted to have serious negotiations. That changed over the weekend. 

A White House official told Fox News that "President Trump has been consistent, he wants the government open and the Administration has been working with both parties to ensure the American people don’t have to endure another drawn-out, senseless, and hurtful shutdown."

Meanwhile, the scope and scale of a possible third closure would be limited to just the DHS, but would really only have an effect on FEMA, TSA, the Coast Guard and other priorities under the agency's umbrella. That's because ICE and immigration operations are flush with billions from Trump's "big, beautiful bill." 

"To say that the security of Americans is not paramount, I think, would be a huge mistake for the Democrats, and I certainly hope that they'll continue to operate in good faith," Sen. Katie Britt, R-Ala., and the chair of the Homeland Security spending panel, said.

"Because you do realize, ICE and [Customs and Border Patrol] would continue to be funded," she continued. 

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Things are also about to get complicated quickly in the upper chamber. Lawmakers are set to leave Washington, D.C., for a weeklong recess this Thursday, and many are headed overseas to the Munich Security Conference. 

That starts on the day of the deadline and lasts through the weekend. Thune warned that it was possible he would cancel the upcoming recess, especially if there was little progress toward avoiding a DHS shutdown. 

Still, Senate Democrats believe that the ball is in the GOP's court and are waiting for their counterparts to act. 

"I mean, I think they're pretty reasonable," Sen. Chris Murphy, D-Conn., and the top Democrat on the Senate Homeland Security Appropriations panel, said.

"I mean, we did not ask for the moon," he continued. "We asked for targeted but impactful changes in the way that ICE is terrorizing American cities. So obviously we're willing to negotiate."