Democrats demand major overhaul to ICE, as government shutdown risk skyrockets

(CNN) — Democrats in Congress are digging in against any funding deal with President Donald Trump this week that doesn’t include major changes to federal immigration enforcement – dramatically increasing the odds of a shutdown at week’s end.

Inside the US Capitol, Democrats firmly lined up behind Senate Minority Leader Chuck Schumer as he unveiled the party’s official demands on Wednesday to rein in Trump’s Department of Homeland Security. Behind the scenes, several of Schumer’s Democrats rebuffed efforts by the White House to privately discuss off-ramps for a shutdown, insisting that Republicans must come to the table instead of trying to peel off centrist Democrats like the last shutdown.

Even confronted with the prospect of a shutdown of three-quarters of the government starting Saturday, many Democrats were unwavering – buoyed by a belief that the country’s patience for the Trump administration’s aggressive immigration enforcement tactics have run out.

“I am just so sick of them ignoring it all because Donald Trump might give them a spanking,” Sen. Jacky Rosen, a Democrat from Nevada, said.

Their list includes requirements US Immigration and Customs Enforcement officials wear body cameras and remove their masks, end roving patrols, tighten parameters around warrants for searches and arrests and enforce a code of conduct comparable to force policies for state and local law enforcement.

Now, the Democratic Party faces a critical inflection point with two days to go until yet another federal funding lapse. Schumer and his caucus must balance what is realistic in a negotiation where Republicans hold every lever of power – while finding a way to satisfy a Democratic base that is incensed by the killing of Alex Pretti, a 37-year-old ICU nurse in an encounter with federal agents in Minnesota Saturday.

“Democrats are asking for basically only two things. Stop the violence and have real accountability for those who break the law. This isn’t a moment where Democrats are asking to rewrite all of immigration law or criminal law generally,” Sen. Elizabeth Warren of Massachusetts said. “Everyone is at risk and that is what has mobilized people everywhere.”

In negotiations within the caucus, Democrats have focused on finding a limited set of demands for their Republican colleagues, rather than a wishlist of policies that their base would love to see. It’s an effort to make it impossible for Republicans to reject their asks out of hand amid the public outcry.

“It’s been a long time since we’ve been this united. We are totally together and determined and we think we can get this to a good place but nobody should mistake our willingness to negotiate for a lack of moral or political clarity,” Hawaii Sen. Brian Schatz said.

Schumer has called for the DHS funding bill to be stripped out of the larger package that would fund a range of major agencies so that lawmakers can make changes to it while blunting the impacts of a partial shutdown, but Republicans have resisted the request.

On Thursday, Senate Democrats are expected to filibuster the bipartisan spending package over their demands to impose the new policies reining in ICE, according to a person familiar with the strategy. Sixty votes would be needed to overcome a filibuster and open debate on the package, but Democrats are expected to hold the line and deny Republicans their support until their demands are met.

Earlier Wednesday, Trump administration officials attempted to bring several rank-and-file Democratic senators to the White House for a meeting on the looming government funding deadline, but Democrats declined the meeting, according to three sources familiar with the discussions and a senior White House official.

“The White House hopes to avoid another debilitating government shutdown, and invited Democrats for a listening session to better understand their position. It’s unfortunate their leadership blocked the meeting,” a senior White House official told CNN.

Democrats are mindful of the risk of a monthslong standoff with no end in sight but many – even those facing reelection – believe that they have a real and rare opportunity to make significant changes to the way the Department of Homeland Security is operating. Some Democrats are privately comparing it to Congress’ last bipartisan gun control deal – not their perfect policy but still something they believe can save lives.

“It’s a moment. This is an agency that needs guardrails but it’s also a chance for us to show our ability to function,” said Sen. Mark Warner, a Democrat from Virginia who is facing reelection.

Still, some liberal Democrats want more. On the House side, the Congressional Hispanic Caucus released a list of demands – like redirecting $75 billion away from Trump’s immigration enforcement force – that even fellow Democrats know Republicans would never accept.

But those demands, according to multiple Democrats, risk uniting the base behind a set of unrealistic priorities.

“This could save lives. It’s not a time for posturing,” one senior aide to a progressive Democrat said, calling for pragmatic approach to the talks.

Democrats also are watching closely as many of their GOP colleagues are raising their own skepticism about Secretary of Homeland Security Kristi Noem’s management of the department. Two Republicans – Sens. Thom Tillis of North Carolina and Lisa Murkowski of Alaska – have flatly called for Noem to be ousted. Meanwhile, others are raising concerns about Pretti’s killing over the weekend, Noem’s comments and the subsequent fallout from the second killing of a US citizen by federal officials in Minneapolis in the same month.

“I don’t think it’s honest to say he brandished a weapon. I don’t think it’s honest to say he assaulted officers. Every American seen this video now – most have. Everybody was snowed in for three days. A lot of people have seen this video. At every point in the video, he retreats,” Sen. Rand Paul, a Republican from Kentucky, told reporters Wednesday.

Democrats are insistent, though, that they need more than a change in leadership, they will need a full-blown negotiation over the agency’s practices.

“I think the administration would be lifting a big headache off their own shoulders if they got rid of Noem but that’s not going to be enough,” Virginia Sen. Tim Kaine said.

GOP leaders, including the White House, have not yet responded to Democrats’ proposal. But multiple Republican senators pointed to the White House’s outreach to Democrats as proof that the administration is seriously trying to find a path forward

“The president clearly doesn’t want to shut down,” Louisiana Sen. John Kennedy said.

This story has been updated with additional reporting.

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CNN’s Manu Raju, Annie Grayer and Morgan Rimmer contributed to this report.