Democrats are refusing to fund the department without restraints on Trump's immigration enforcement and mass deportation operations after federal agents killed two citizens in Minneapolis.
“The time to end this is now,” said Senate Majority Leader John Thune, R-S.D.
But Democrats panned the offer as insufficient. And President Donald Trump himself was noncommittal.
“I think any deal they make, I’m pretty much not happy with it,” Trump said at an event at the White House swearing in his new Homeland Security Secretary Markwayne Mullin.
Airport conditions have become increasingly unpredictable with swelling crowds seen in major hubs. Travelers headed to LaGuardia and John F. Kennedy airports in New York — as well as Newark Liberty International in neighboring New Jersey — still couldn’t check online TSA wait times Tuesday morning.
Immigration and Customs Enforcement agents were spotted in terminals, including at Philadelphia International Airport, where a protester was seen at one of the checkpoints holding a sign criticizing ICE. In Houston, passengers at George Bush Intercontinental Airport spent hours Tuesday navigating meandering security lines that twisted and turned across multiple floors.
Airport wait times listed in the MyTSA mobile app may be outdated because the agency isn’t actively updating its websites during the shutdown.
Hopes high for a quick deal
The contours of the deal emerged once a group of Republican senators met with Trump at the White House late Monday, after he upended talks and deployed federal immigration officers at certain airport security checkpoints — a move some lawmakers warned could lead to heightened tensions.
The proposal would fund most of Homeland Security, but not one main part of ICE — the enforcement and removal operations that are core to Trump's deportation agenda.
Under the plan, ICE's Homeland Security Investigations would be funded as well as Customs and Border Protection, and it would include funding for officers to wear body cameras, but few other restraints.
The proposal was not substantially different from one the two sides had already agreed on before the deaths sparked demands for more changes, according to a person granted anonymity to discuss the details, which have not been publicly released.
For example, there was no mandate that immigration officers wear identification or other changes the White House had floated earlier in talks, including a ban on immigration enforcement at schools, churches, hospitals and other sensitive places, the person said.
While the ICE officers manning airports are going without face-covering masks, the Democratic demand that they go unmasked during immigration operations does not appear to be part of the deal.
“We need strong, strong reforms and we need to rein in ICE," said Senate Democratic Leader Chuck Schumer.
Since so much of ICE is already funded through Trump's big tax breaks bill, immigration officers are still receiving paychecks despite the shutdown.
Congress is controlled by the Republican president's party, and any deal would also have to be approved by the House. House Democratic Leader Hakeem Jeffries said his party members insist on “bold” changes to ICE.
On Tuesday, Delta Air Lines confirmed it was suspending its specialty services for members of Congress amid the shutdown, meaning those who fly with the carrier will be treated like other passengers based on their SkyMiles status. The Atlanta Journal-Constitution first reported the suspension.
Political standoff, long airport lines
Key to ending the standoff appears to be the senators' ability to shift the president's attention off his plan to link any department funding to his push to pass the so-called SAVE America Act, a strict proof-of-citizenship and voter ID bill that has stalled in the Senate ahead of the midterm elections.
Over the weekend Trump injected his demand for the voting bill as a condition for ending the funding standoff. Some GOP senators have pitched the idea of tackling it in another legislative package ahead.
“It’s not a perfect deal but I think it works,” said Sen. Lindsey Graham, R-S.C., who met with Trump and thinks the president is on board. “If you’re waiting in line four hours in Atlanta, this madness needs to come to an end."
The White House on Tuesday stressed that conversations were ongoing. But it also said an agreement to split off immigration enforcement funding, while addressing Trump’s elections bill separately, “seems to be acceptable.”
Sen. Chris Coons, D-Del., said his understanding was that there was a “sense of urgency” coming from the talks as the airport disruptions worsen.
Changes at Homeland Security
The deal could provide a political exit from the standoff over the embattled Department of Homeland Security, which was created in the aftermath of the Sept. 11, 2001, attacks but has come to symbolize Trump’s aggressive mass deportation agenda, with its goal of removing 1 million immigrants this year.
Under mounting political pressure, Trump ousted Homeland Security Secretary Kristi Noem amid the public outcry over the immigration operations, and senators late Monday confirmed Mullin, one of their own, as the president's handpicked replacement.
Mullin, an Oklahoma senator who aligns with Trump's agenda, provides a potentially new face for the department. During his confirmation hearing, Mullin touched on another key demand of Democrats — ensuring a judge has signed off on warrants that immigration officers use to search people's homes, rather than simply relying on administrative warrants issued by the department.
“This is significant,” Sen. Peter Welch, D-Vt., said about the progress toward changes. "Noem is gone. That’s a big deal.”
ICE’s budget grew under last year’s bill by $75 billion, which has been untouched by the shutdown. Rather, its routine annual funding, some $10 billion, would be cut almost in half under the proposal.
After weeks of missed paychecks, many TSA agents have called in sick or even quit their jobs as financial strains pile up. Union leaders representing the workers have pushed Congress to reach a deal.
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Associated Press writers Rio Yamat in Las Vegas, Wyatte Grantham-Philips in New York, Lekan Oyekanmi in Houston and Kevin Freking, Seung Min Kim and Stephen Groves in Washington contributed to this report.