Dealing with the Department of Homeland Security + SAVE America Act + FISA

Key Takeaways

• A deal to reopen DHS without ICE funding seems imminent.

• Yesterday the White House asked to add the SAVE America Act to DHS negotiations. 

• The removal of this demand gives the GOP a potential bargaining chip with Democrats.

• Today, Senate Majority Leader John Thune (R-SD) said he would offer a vote on the $64 billion DHS bill without $5.4 billion in ICE funding.

• Congressional Republicans could then focus reconciliation on the SAVE America Act. 

• Reconciliation will also be the likely vehicle for war spending. 

• This will likely provide a path forward to reopen DHS when moderate Democrats can get onboard. 

The Department of Homeland Security (DHS) shutdown is starting to hit home in a tangible manner for Americans across the country. The failure to pay Transportation Security Administration (TSA) officers is resulting in long lines at the airport and turning into national news headlines. Generally speaking, that usually means politicians will start to take notice. 

The House has already passed a bill to provide $64.4 billion in DHS funding for 2026 and pay TSA workers. An identical Senate effort failed to reach the necessary 60-vote threshold to end debate. Democrats opposed the bill because it failed to include reforms to Immigration and Customs Enforcement (ICE), like prohibiting the use of masks or requiring warrants when officials are searching for suspected illegal immigrants. Right now, Congress is at a standstill as airport lines continue to grow.

Senate Republicans are offering Democrats a vote on legislation to fund all of DHS except for the $5.45 billion originally provided to ICE. Senate Majority Leader John Thune (R-SD) said that if Senate Democrats accepted this offer, it would not include major reforms to ICE because the subagency was still unfunded through the normal process. As we’ve pointed out, there is over $162 billion currently available from the One Big Beautiful Bill Act (OB3) to pay ICE officials.

When Will the Partial Shutdown End? The timing of a deal was always tied to political pressure. Most Democrats would be excoriated by their base if they made a deal with the White House to fund ICE, so the end of the deal had to exclude funding for immigration enforcement. The House would then have to accept the Senate/White House agreement. A deal could come together quickly and probably be announced soon.

An Illustrative Path to Funding DHS: One potential breakthrough could come in the form of a deal between Senate Democrats and the White House on DHS reforms but punting off the SAVE America Act, possibly until a partisan reconciliation bill is considered. Here’s what that might look like. 

• Tom Homan and Senators agree to acceptable DHS reforms.

• Democrats agree to omit $5.5 billion in ICE funding from the bill. 

• Changes would be made to ICE enforcement both statutorily in the DHS funding bill and through agreements with the administration if ICE is funded.

• If the bill does not fund ICE, no major reforms are included. 

• Enough Democrats support the deal to advance DHS funding without the SAVE America Act being attached to the bill.  

• The House passes the bill to fund DHS without the SAVE America Act.

• House and Senate leaders agree to try and pass the SAVE America Act via reconciliation. 

This scenario still leaves three key questions unanswered: 

• Would the Senate parliamentarian allow the SAVE America Act in reconciliation?

• Would moderate Senate Republicans support the SAVE America Act?

• What would happen to FISA reauthorization?

While such a plan leaves many unknowns, it would alleviate political pressure from the TSA shutdown and still provide a plausible pathway for the President to achieve his paramount policy goal of codifying voter ID by signing the SAVE America Act. This would also be a major victory for Speaker Mike Johnson (R-LA) who has been trying to convince Senate Republicans to agree to participate in reconciliation. 

Adding More Legislation to Negotiations: Congressional Democrats initially felt they had the upper hand in negotiations, but as frustrations grow among Americans stuck for hours in airport lines, President Trump and Republicans are starting to make additional demands. Yesterday, the President suggested that voter ID legislation (SAVE America Act) that recently failed in the Senate be added to any legislation reopening DHS. House Republicans are also considering adding the Foreign Intelligence Surveillance Act (FISA) reauthorization to the package. 

It is yet to be seen whether discussion of a larger deal will help forge a DHS breakthrough. Notionally, adding difficult, partisan legislation to the negotiation would make the effort more arduous. However, by inserting the SAVE America Act and/or FISA into the conversation, the President has given Republicans a possible bargaining chip to concede in order to pass a more modest DHS funding and reform bill.