DHS Has Shut Down. Now What?
Saturday morning at 00:00:01 EST, the funding for the Department of Homeland Security ran out and most of the
department shut down. ICE has some funding from the BBB independent of the annual appropriation, so it can continue
operating for the time being. Agencies including the Coast Guard, Customs and Border Protection, the Cybersecurity and
Infrastructure Agency, FEMA, the Secret Service, and TSA are affected, among others. Workers will begin missing
paychecks in March. Most TSA workers are deemed essential and are expected to work without pay. Workers who live
paycheck to paycheck and who have no savings to live on often call in sick during shutdowns and look for temporary work
elsewhere so they can pay the rent and eat. Some find better jobs and quit outright. With fewer screeners at
airports, there is likely to be chaos if this goes on for a while. Airlines are allowed to hire their own screeners, but
they have to be trained and approved by TSA. Air traffic controllers are part of the Department of Transportation and have
already been funded through Sept. 30, so they will continue to work normally.
An agreement is unlikely any time soon, as Congress is in recess and members have gone home. They are expected to
come back on Feb. 23. Unlike in other shutdown situations, there are no secret negotiations going on this week (or if
there are, they are so secret that no one knows about them). Each party thinks the other one will get the blame for the
shutdown and thus has no incentive to negotiate.
The Democrats have a list of demands that must be met before they will approve DHS funding.
The main ones
are these:
- Roving Patrols: ICE agents all over the country are stopping and arresting people on the
street, handcuffing them, and sending them to detention centers thousands of miles from where they were caught. In many
cases, anyone who is not white is in danger of being nabbed, even U.S. citizens. A year ago, a poll found that 66% of
Americans approved of ICE arresting immigrants at protests or rallies who could not provide proof of citizenship, but ICE
isn't even asking for documentation
anymore. Besides, few people carry a passport on them all the time. And just 54% approved of workplace raids, so
presumably grabbing people off the streets will be even less popular than that. And these polls were taken before ICE
killed Renee Good and Alex Pretti in Minneapolis.
- Due Process: Democrats have said they do not want ICE entering anyone's home absent a
warrant from a Senate-confirmed Art. III judge. ICE has been using administrative warrants, which are issued by
Executive Branch employees, not actual judges. Democrats want to end this practice. In an
Ipsos poll,
50% of respondents said that ICE needs to give targets due process, which means bringing them before a judge where they
can make their case, potentially with a lawyer. However, 37% did not think due process is needed. A PRRI poll shows that
61% oppose deporting people to foreign prisons without due process, with 37% supporting deportation without due process.
- Masks and Cameras: Having ICE agents wear body cameras is popular, with 92% of respondents
saying the agents should wear them. Masks are more contentious. The administration says that masks are needed to prevent
agents from being doxxed, even though not a single case of doxxing has occurred. More likely, the administration is
afraid that if agents can be identified, they could be indicted for crimes by a future administration, and this would
hurt recruitment and also make the agents far less willing to break the law. In a Quinnipiac University poll, a clear
majority (61%)
say
agents should not be allowed to be masked. An NBC poll put the number at 63%.
- Racial profiling: Racial profiling is very unpopular, with 72% of respondents in a
Pew poll
opposing it. A much-shared video from Minneapolis shows a Border Patrol agent saying he asked someone for their papers
due to his accent. DHS denies this.
- Increasing standards: Due to the large amount of money ICE got from the BBB, it began
hiring vast numbers of people and had no time to train them. Having untrained officers in the field is extremely
unpopular, with 80% of Americans in an
Ipsos poll
saying adequate training of officers is very or extremely important.
- Code of Conduct: Democrats want to hold ICE officers accountable for their behavior. In
an
Ipsos poll,
59% of respondents didn't expect the investigation of the death of Renee Good to be fair. For the investigation of Alex
Pretti's killing, 61% didn't expect a proper investigation.
All in all, most of what the Democrats want as a condition for ending the shutdown is very popular with the voters.
This may give them some backbone to refuse to cave until they get what they want. Also, they may realize that caving
will be very unpopular and could hurt them in the midterms. The result could be a very long shutdown. (V)
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