Homeland Security funding crisis deepens amid ongoing political standoff

“I can't believe they're just gone!”

“Why didn't they stay until they fixed it?”

“Why didn't they make them stay?”

I must have answered forty questions last week from colleagues, friends and acquaintances. Even journalists and editorial staff from other news organizations. And that's not to mention some congressional aides.

They all had the same question. They couldn't believe lawmakers walked out of the Capitol a week ago on Thursday and left the Department of Homeland Security short of funds on Saturday at 12:00:01 a.m. et.

COAST GUARD CAUGHT AS 'COLLARTERAL DAMAGE' IN DEMOCRATS' DHS SHUTDOWN AS CHINA AND RUSSIA PRESSURE U.S. WATERS

The Senate tried twice to prevent a partial government shutdown on Thursday. The Senate failed to break a filibuster on an open-ended funding bill. And then Sen. Chris Murphy, D-Conn., opposed a request by Sen. Katie Britt, R-Alabama, to pass a two-week stopgap funding bill. Approval of the bill would require the agreement of all 100 senators. But all it took was one objection. And Murphy, speaking on behalf of many Democrats on both sides of the Capitol, interceded to deflect Britt's effort.

“I'm over it!” an exasperated Britt shouted on the Senate floor, as Congress threw at least part of the federal government into its third shutdown since Oct. 1.

Democrats refuse to fund the Department of Homeland Security until there is a specific agreement to reform US Immigration and Customs Enforcement (ICE). And (few Democrats will say this out loud) but his base insists that Democrats shut down DHS over ICE tactics after the murders of Renee Good and Alex Pretti in Minneapolis.

This is somewhat ironic. Republicans funded ICE through 2029 through last year's One, Big, Beautiful Bill. So, thanks to the Democrats, the TSA, Coast Guard, and FEMA (all under the auspices of DHS) are out of money right now. That means tens of thousands of employees are technically working without pay as they scan passengers at airports, patrol the seas and respond to natural disasters.

This brings us back to the basic question: Why didn't they stay until they figured it out?

As a reporter, I've covered dozens of closings, partial closings, near closings, flirtations with closings. That's not to mention the various permutations of stopgap spending bills – long and short – known as Continuing Resolutions, or CRs. Those bills keep funds flowing at the old spending level until all lawmakers agree on something new. Sometimes one CR begets another CR. And another one later until everything is resolved. The exercise can last for months.

HOW ICE WENT FROM COUNTERTERROR AGENCY AFTER SEPTEMBER 11 TO THE CENTER OF THE IMMIGRATION FIGHT

Senator Katie Britt expressed her frustration on the Senate floor after her stopgap bill was blocked. (Photo by Anna Moneymaker/Getty Images)

But when it came to DHS, lawmakers weren't going to solve ICE-related problems right away. So both the House and Senate abandoned Dodge last Thursday as the deadline approached. Lawmakers were everywhere, from the Middle East to Munich, when the bell rang at midnight Saturday and DHS was dragged into a slow financial crisis.

Not funding the Department of Homeland Security may seem politically unreasonable, regardless of what you think of ICE. But it is not unreasonable if you understand Congress's policy and procedure for funding ICE.

Let's say they were on the verge of a deal to fund DHS. That may involve some last-minute role-swapping between Senate and House leaders. Maybe a call or two from the president to reluctant Republicans. If lawmakers believed a deal was within reach, it's doubtful leaders would have let members off the hook. They would have stayed if there was a viable path to get something done last Friday, have the Senate expedite the process and vote on Saturday or Sunday (albeit after the deadline), and then have the House vote on Monday. All this under the premise that an agreement is close.

They were nowhere near that stage when lawmakers called it last Thursday. Democrats did not submit their offer for days after a brief 78 percent government shutdown more than two weeks ago. Democrats then criticized Republicans and the White House for slowly launching a counteroffer. Democrats then rejected the Republican plan and only submitted another plan Monday night.

Reaching a deal that can pass both the House and Senate – and overcoming a Senate filibuster – takes time. And an agreement simply had not yet been reached.

This is where things get really interesting. With no deal in sight, lawmakers in Washington simply cannot be left with nothing to do. There is nothing to vote on. There are no committee meetings scheduled. All tying lawmakers to DC does is cause problems.

There's a line in the song “Trouble” from The Music Man by Meredith Willson: “The idle brain is the devil's playground.” Who knows what kind of mischief would be made just by having very grumpy legislators wander around Washington for days, with nothing to vote on. Keeping everyone here doesn't help close a deal. Yes, all 532 members of the House and Senate (there are two vacancies in the House) must eventually be called to vote on a bill to fund DHS. But we are not there yet. A handful of members of the House, Senate and people in the White House will be the ones to negotiate a deal. Rank-and-file members stranded in Washington with nothing to do but post outrageous things on social media and appear on cable TV is counterproductive.

Now, let's look at the other scenario of being close to an agreement. House and Senate leaders may believe they are still short on votes. But if something is viable, leaders know they can get the votes with some lobbying, legislative and ego massage, and a few forceful phone calls. Yes, that process can take effort. But in that case, keeping everyone in Washington a few more days and blowing up the long-awaited congressional recess actually helps the process.

DHS CLOSURE LEAVES LOCAL EMERGENCY SERVICES ALONE AMID EXTREME WEATHER, EXPERT WARNS

TSA officers, Coast Guard members and FEMA staff are working without pay as the disruption of DHS funding continues. (Photo by Heather Diehl/Getty Images)

Because?

Let's think about Stockholm syndrome. If you demand that everyone stay in Washington for another day or two, the “hostages” will begin to come around to the views of their captors. Yes, everyone is frustrated and angry. But they feel the bill is something they can support and finally put an end to this triumvirate of government shutdowns. In this case, the whipping increases, but only a little. Everyone is happy to vote yes and run out of the Capitol.

If they were close to a deal on DHS funding, then Congressional leaders would have deployed a version of Stockholm syndrome to shut everything down.

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But without a deal, leaders were more afraid of the chaos they could unleash if they kept everyone in Washington. The devil would roam freely in the playground of idle brains.

So how will you know when there's a deal?

When everyone is present and accounted for.