Article I, Section 9 declares, "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law."
The most important power granted to Congress is over the federal purse strings. In other words, what Congress deems the federal government should spend.
There were calls from the left to hold up funding for the Pentagon or State Department after the U.S. strike in Venezuela. Now, there’s a debate about hamstringing the Department of Homeland Security and ICE after an agent shot and killed Renee Nicole Good in Minneapolis.
"A child has her lost her mom. And y'all want to pretend that it is OK," said Rep. Jasmine Crockett, D-Texas, fighting back tears. "I am asking if there is anyone that will stand for the very people that elected us and sent us to Congress?"
"A lot of people are talking about different reforms, and that's their prerogative," said Rep. Bennie Thompson, D-Miss., the top Democrat on the Homeland Security Committee. "Democrats on the House Homeland Security Committee have written [Chairman Andrew] Garbarino, R-N.Y., saying, ‘We'd like to have an oversight hearing on what's happening with ICE.’ That's a reasonable request."
I pressed Thompson on whether Congress should use appropriations to effect change at ICE.
"That's above my pay grade," answered Thompson.
Rep. Jamie Raskin, D-Md., is the top Democrat on the House Judiciary Committee. He’s more aggressive about Congress exerting its muscle over the federal treasury.
Residents confront federal agents and Border Patrol agents over their presence in their neighborhood on Atlantic Boulevard in the Los Angeles suburb of Bell. California last year passed a law banning authorities from wearing masks. (Getty Images)
"We should use every means at our disposal to do it," said Raskin. "Including the appropriations process."
Sometimes that involves cutting off money. Sometimes that entails limiting spending. Sometimes lawmakers include language to forbid certain activities by federal departments or agencies. Or the legislative language might direct agencies to handle duties a particular way.
"It will be weapons-grade stupid," said Sen. Eric Schmitt, R-Mo. "But I don't put anything past them. So, maybe they've not learned anything from the fall shutdown, which was dumb."
Congress has not yet addressed the funding bills for the Pentagon or State Department for fiscal year 2026. The same with DHS, although that bill is coming soon.
Funding for nine distinct sections of the federal government expires at the end of the day on Jan. 30. That includes DHS.
The House just approved a "minibus" spending package, tackling appropriations for energy and water programs, the Department of Interior and the Departments of Commerce and Justice and science programs. The plan is for the Senate to align with the House on these bills. But, regardless, Congress would probably have to approve another "continuing resolution" (CR) to keep the lights on in all other quarters of the federal government after the Jan. 30 deadline.
A CR simply renews all federal funding at present levels. So, it’s likely Congress would OK whatever spending bills they’ve worked out and put everything else in a CR to avoid a shutdown.
But some progressives have other ideas. They want to use this government funding deadline as "leverage" over ICE and operations related to Venezuela.
Passing a new DHS appropriations bill gives lawmakers opportunities to alter policy or contour the funding there. If both the House and Senate haven’t approved a full-year DHS spending package, Congress would simply re-up the current levels for the time being.
That is, unless Republicans lack the votes on their side, and they need Democrats to bail them out. Some progressive Democrats are pushing for a shutdown over the ICE issue alone. But it’s probably not going to come to that.
The U.S. Capitol dome Jan. 2, 2025 (Bill Clark/CQ-Roll Call, Inc via Getty Images)
Why?
House Minority Leader Hakeem Jeffries, D-N.Y., and Senate Minority Leader Chuck Schumer, D-N.Y., don’t want to go anywhere near another fight over government funding this year.
"Is ICE a red line in the funding fight? Must that be part of any funding bill?" CNN’s Manu Raju asked Jeffries.
"Our focus right now, in terms of the appropriations bill, are getting the three bills that are going to be on the floor today over the finish line. And then we'll turn to the Homeland Security," Jeffries said just hours before the House approved the triumvirate of other spending packages.
But I followed up, asking Jeffries about why Democrats wouldn’t assert themselves if this issue was so critical.
"No, what I'm focused on right now, Chad, is to make life better for the American people by extending the Affordable Care Act tax credits. Which, by the way, a lot of folks in this institution believe was not possible," said Jeffries.
That’s a reference to the Democrats’ bill to renew the expired Obamacare subsidies that passed Thursday. Remember that extending those subsidies was at the heart of last year’s government shutdown.
Schumer punted as well when asked about ICE and congressional spending.
"Should ICE be abolished, senator?" one reporter asked.
"I have lots of problems with ICE," Schumer replied.
"Should it be abolished?" the reporter followed up.
"Thank you," said Schumer, walking through the Capitol Visitor’s Center from the House side toward the Senate side.
Yours truly jumped in.
"Why is there resistance to use the appropriations process, either for Venezuela or now certainly for ICE?" I asked Schumer. "Are you afraid of another government shutdown?"
Schumer didn’t reply.
"Senator, it does seem like you guys are not angling for a fight on ICE. Is that fair to say?" another reporter asked.
No response from Schumer.
"Why not use the appropriations process to rein in ICE, Leader Schumer?" someone hollered as he continued down the hall.
U.S. Senate Minority Leader Chuck Schumer, D-N.Y., walks to speak at a news conference after the weekly Senate Democratic policy luncheon at the U.S. Capitol June 17, 2025, in Washington, D.C. (Anna Moneymaker/Getty Images)
Silence from the Senate’s top Democrat.
Fox is told that there’s no appetite from Democratic leaders for another shutdown. They fear that could upend their midterm strategy. So, they are trying to quash talk about defunding ICE in hopes they can maintain a fragile truce over government funding between now and Jan. 30.
There is no love lost between Rep. Alexandria Ocasio-Cortez, D-N.Y., and ICE. Despite pushes from fellow progressives to lean into ICE funding, even she understands the pragmatism of Jeffries and Schumer on this issue.
"They're responsible for leading an entire caucus that elects members from across the country. So, they're in a different position," said Ocasio-Cortez.
However, Ocasio-Cortez added that funding for ICE "exploded virtually overnight, and we are seeing the ramifications of it in terms of the abuse of power that is happening."
She also mentioned that Democrats could pursue cuts for ICE in another funding round or if they win the House majority in the midterms.
Remember around this time last winter when Democrats were showing up at federal agencies, cursing like sailors and yelling about DOGE? The Democratic base accused its leaders of not "fighting" hard enough.
Then Schumer agreed to help fund the government last March, sidestepping a government shutdown. That ignited an internecine brawl between Democrats on Capitol Hill. And it helped set the stage for the autumn government shutdown.
So, now we have a seismic event in Minnesota the is dominating the political landscape, perhaps on the level of George Floyd’s death in 2020. Democrats demand that their party use political tools available to them to "fight." One avenue is appropriations and funding for DHS and ICE.
We’ll know soon if Jeffries and Schumer picked the "right" fight or if the Democratic base will demand a "new" fight.
Chad Pergram currently serves as Chief Congressional Correspondent for FOX News Channel (FNC). He joined the network in September 2007 and is based out of Washington, D.C.
