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Partial Shutdown; Congress Asserts Itself a Little

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U.S. Capitol.
Ken Burns’ The American Revolution highlights why America’s founders built checks and balances—an urgent reminder as Congress, the courts, and citizens confront growing threats to democratic governance.
Photo by Andy Feliciotti on Unsplash

DHS Shutdown

As expected, the parties in the Senate could not come to an agreement on DHS funding and now the agency will be shut down. Sort of.

So much money was appropriated for DHS, and ICE and CBP specifically, in last year's reconciliation bill, that DHS could continue to operate with little or no interruption. Other parts of DHS like FEMA and the TSA might face operational cuts or shutdowns.


You might think that only ICE and CBP could operate without interruption, but as this Wall Street Journal article notes, DHS Secretary Noem has a pretty freewheeling approach to how to spend the agency's money.

The article also notes Noem's antipathy towards FEMA which suggests that that sub-agency of DHS would receive no special help while new funding is unavailable.

Could Congress appropriate funds for FY2026 all of DHS except for ICE & CBP? Sure. Rep. DeLauro (D-CT3) proposed exactly that this week. But so far her proposal has not garnered any interest.

If Congress took that route, ICE and CBP would still have, according to Sen. Rand Paul (R-KY), 750% more money than they had before the reconciliation bill passed.

Both chambers of Congress are out next week so no movement is expected until the week of February 23 at the absolute earliest.

Tariffs

Last year, Speaker Johnson (R-LA4) used a Rules Committee rule to block any votes in the House that would object to the President's use of tariffs. Well, that rule ended this week. When Johnson tried the maneuver again this week it failed 214-217. And that opened the door to the first of probably many successful votes against the President's vast new tariff structure.

Because the Senate would also have to agree to the resolution to end the tariffs and then the President would have to sign it, it's extremely unlikely that this vote will lead to an end to any tariffs. But it is one of the very few instances of the Republican majority not squashing an objection to something the President really wants and is thus notable.

DOJ Spying on Lawmakers Reviewing Epstein Files

Speaker Johnson has become something of a broken record whenever he's asked about some administration overstep into Congressional authority: he says he doesn't know anything about it and/or that it's probably fine. So it was a bit of a surprise this week when he had heard the news that the Department of Justice was spying on legislators' search histories during their reviews of Epstein files and said it was "inappropriate". Not exactly a robust defense of Congressional power, but a notable departure from his usual pattern.

House Passed a Few Other Bills

None of these bills are anywhere near becoming a law. They first have to pass the Senate.

One New Law

Partial Shutdown; Congress Asserts Itself a Little was originally published on GovTrack.us and is republished with permission.


Amy West is the GovTrack research and communications manager.


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