The short shutdown is over, but another looms next Friday if Republicans and Democrats cannot strike a deal to rein in immigration enforcement. As polarized as the parties have become around this issue, the contours of a potential deal seem obvious. President Donald Trump signaled a willingness to negotiate Tuesday as he signed the short-term funding bill, and a reasonable compromise appears within reach.
Clearly changes are needed at the Department of Homeland Security, and the demands of Democratic leaders are mostly reasonable. Senate Minority Leader Charles E. Schumer (New York) wants Immigration and Customs Enforcement agents to be required to wear body cameras on duty. A previous compromise, which cleared the House two weeks ago, allocated funding for cameras but didn’t require they be worn.
But the politics changed after the unjust killing of Alex Pretti, and Senate Democrats couldn’t accept what was on the table. DHS Secretary Kristi L. Noem made a serious concession late Monday when she said all immigration officers in Minneapolis will now wear body cams and eventually this will roll out nationwide. Congress should codify this into law, so the administration cannot backtrack.
Schumer also wants ICE agents to take off their masks and wear some form of identification, which are standard practices across American law enforcement. DHS warns of doxing, but anyone who threatens federal officers can and should be prosecuted. At the same time, bands of faceless and unidentifiable plainclothes agents patrolling American streets sow fear and seed mistrust. Such scenes cannot become the norm.
Other Democratic asks are more contentious, such as requiring ICE to obtain a judicial warrant. The devil will be in the details. House Speaker Mike Johnson (R-Louisiana) said the GOP won’t entertain“a whole new layer of judicial warrant requirements.” Making the government appear in front of a federal judge every time agents want to detain someone is impractical and would place an untenable burden on the already overwhelmed judiciary.
But Congress should set clearer bounds on how far ICE’s jurisdiction goes. A leaked memo revealed that DHS has been authorizing agents to enter homes without a judicial warrant. The Fourth Amendment protects individuals from unreasonable searches and seizures. Congress should clarify that ICE can’t just storm into any private home.
Something else Schumer says he wants is an end to “roving patrols.” Democrats have a part to play here, too. If blue states would hand over dangerous illegal immigrants in their jails, instead of hiding behind “sanctuary” policies, agents would have less of an excuse to go trawling through Hispanic neighborhoods in pursuit of criminals.
Since Democrats know they hold the upper hand right now, there is a risk that some prioritize grandstanding over negotiating in good faith. House Minority Leader Hakeem Jeffries (D-New York), for example, has demonstrated less seriousness than Schumer, his Senate counterpart, and less sophistication than Nancy Pelosi, his predecessor.
Privately, many Republicans sound ready to accept thoughtful reforms. They acknowledge the scenes from Minneapolis are a moral failure and political nightmare. With the midterms just nine months away, they’re spooked by losing races like the special election in Texas over the weekend.
Lawmakers of goodwill in both parties should understand that true accountability won’t impede ICE agents from going after threats to public safety. Most Americans support the deportation of criminals, but it becomes hard to sustain a mission that creates so much collateral damage. Better oversight will help ICE rebuild needed trust.
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