Politics
The Hitchhiker’s Guide to why there may be a partial government shutdown Saturday
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Funding for the Department of Homeland Security was already a question for some Democrats before the killing of Alex Pretti.
But Saturday’s killing by ICE agents gave Democrats who were on the fence about supporting the upcoming government funding plan a reason to solidify their opposition. And the killing only hardened those who were opposed to funding DHS before.
From a political standpoint, Democrats are compelled to fight this. Otherwise, their base will balk. Senate Minority Leader Chuck Schumer, D-N.Y., endured brickbats from the liberal base last March when he and a group of other Democratic senators helped Republicans clear a filibuster to avoid a shutdown.
Progressives raged at Schumer. And the Senate’s top Democrat suddenly found himself crossways with House Democratic leaders who expected him to mount more of a fight over government funding.
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Lawmakers are teetering on the edge of a partial government shutdown with Homeland Security funding at the forefront of a heated debate. (Kent Nishimura/Bloomberg via Getty Images)
The liberal base certainly got that this fall as Democrats withheld their votes to fund the government and fought over expiring Obamacare subsidies. The government shuttered for 43 days. But Democrats never earned a restoration of Obamacare subsidies. The Senate took a vote related to restoring the subsidies. Nothing happened. The House actually passed a bill re-upping the subsidies for three years. But the issue remains at an impasse.
Despite the fall brawl, Democratic congressional leaders faced a narrow path to walk for this funding round. They still felt pressure from the left to oppose money for DHS, long before the killing of Renee Good and Pretti. But Schumer and House Minority Leader Hakeem Jeffries, D-N.Y., did not go to the mat to oppose funding this time. They wanted to finesse this, believing that a shutdown was bad politics for them after the fall experience. After all, Democrats never scored precisely what they wanted. By the same token, Schumer and Jeffries didn’t wade deeply into the funding fight, perhaps afraid of breaking a fragile truce on spending bills.
That all changed Saturday. Democrat after Democrat published statements that they wouldn’t vote to fund DHS. Sen. Angus King, I-Maine, caucuses with the Democrats. He was one senator instrumental to helping re-open the government last fall. King said he couldn’t support funding this time around.
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So unless something changes by 11:59:59 p.m. ET on Friday, Jan. 30, 78% of the federal government will lack money to operate. The six-bill, $1.2 trillion spending package doesn’t only fund the Department of Homeland Security, but it also provides money for the Pentagon, Health and Human Services, Labor & Housing programs, Transportation and Education.
The DHS bill was radioactive in the House. So the House broke that bill off from the rest of the package. The House approved the DHS funding measure 220-207 with seven Democratic yeas. The House approved the remaining bills 341-88.
The House then married the six bills together in one package, sent it to the Senate and left town.
There was some grumbling from senators that this was a “take it or leave it” package.
Sen. Angus King, I-Maine, announced he won’t support the DHS funding bill following the fatal shooting in Minneapolis and as federal agents enter his home state. (Andrew Harnik/Getty Images)
And after the shooting, all bets were off. On Saturday, Schumer declared that “Senate Democrats will not provide the votes to proceed to the appropriations bill if the DHS funding bill is included.”
Democrats implored Senate Majority Leader John Thune, R-S.D., to break off the DHS funding bill from the rest of the spending package and handle that separately. Otherwise, they would oppose the entire plan.
On Monday, Schumer signaled that “Senate Democrats have made clear we are ready to quickly advance the five appropriations bills separately from the DHS funding bill before the January 30th deadline.” He also said that “Republicans will again be responsible for another government shutdown.”
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Well, this is an amalgamated appropriations bill sent over from the House. Not a Kit-Kat bar. You just can’t break off one piece of it.
In short, what Schumer is proposing would spark a government shutdown. It’s not clear that there are the votes to do what Schumer is suggesting. And doubtful that the Senate would have the time. That’s to say nothing of getting the House on the same page before the deadline. Moreover, the House would just have to magically accept the new Senate position. That’s probably not going to happen considering what the House went through just to pass that minibus spending bill.
And we have not even mentioned that most of the money that Democrats are crowing about for DHS is already out the door. In the One Big Beautiful Bill, Republicans approved $75 billion for border security and ICE through 2029. In that measure, Republicans converted “discretionary spending” (which Congress controls) into a “mandatory appropriation” through 2029. Yes, this tactic agitates Members of the Appropriations Committee. But this has been done before, notably by Democrats when approving Obamacare.
What Senate Minority Leader Chuck Schumer, D-N.Y., is proposing would, in essence, trigger a shutdown. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
So going after DHS right now would have little impact on the funding for ICE. However, Democrats could demand certain “guardrails” and changes in policy for ICE.
From a parliamentary standpoint, ripping the six-bill package apart is a mess. First of all, the Senate must agree on a “motion to strike” the DHS section from the six-bill combo package. The Senate would have to vote on this. Or, in the interest of time, do this via unanimous consent. But because the “motion to strike” by itself is debatable, the issue could set up a possible filibuster. Sixty votes are needed to cut off debate on just that question alone – stripping the DHS provision from the rest of the overall bill.
It’s important that a motion to strike the DHS money from the rest of the bill does not mean that the remaining five bills are ready to go. The Senate would have to agree that this is the new bill. Senators would then have to overcome a filibuster once and then vote to pass the bill. Those floor mechanics get you well past the early Saturday morning deadline.
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Then the Senate must tangle with passing the standalone DHS funding bill by itself. That certainly isn’t going to be done by Saturday morning.
Moreover, none of these scenarios even addresses the House. If the Senate did approve the revamped five-bill spending package and the solitary DHS bill, the measures must return to the House. The House would have to vote on a “motion to concur” on the five-bill minibus. And then separately, on the solo DHS measure. That’s probably untenable in the House. Anything under this plan wouldn’t meet the early Saturday morning deadline. In addition, the House could glue the bills together another way and send it back to the Senate. Or, the House could even move to go to a conference committee and try to blend the bills into one.
There is no easy way out of this at such a late date. And that’s why you likely have a partial government shutdown at 12:00:01 a.m. ET on Saturday.
Despite ICE being funded by One Big Beautiful Bill, disruptions to other services loom ahead. (Victor J. Blue/Bloomberg via Getty Images)
Even though ICE is funded thanks to the One Big Beautiful Bill, there’s a big penalty and disruption and other services. TSA agents are unpaid again. That’s a major problem considering what they went through this fall – and coming on the heels of the monster winter storm which swept across the country in the past few days. Air traffic controllers would again face the lack of a paycheck as part of the transportation spending bill.
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Then, there are the politics. Who gets blamed? Republicans are concerned about losing support from voters based on the tactics of ICE. That’s why some Republicans are searching for some changes – but not ready to nuke the spending bill. Meantime, if the government shuts down thanks to Democrats withholding their votes, that may resonate with progressives. But it may hurt the party if Democrats are viewed as the party responsible for another shutdown.
This is a tough situation all around. And there’s not an obvious off-ramp.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
Politics
Ordered free, still locked up: Judges fume as Trump administration holds ICE detainees
Judge Troy Nunley was fed up.
Federal immigration officials had once again flouted his authority by keeping a man locked up in a California City detention center after Nunley ordered him released. When he was finally set free, the man was booted onto the street with no passport, driver’s license or other personal effects. The judge’s demand that the items be returned were met with silence.
And so on Tuesday, Nunley, the chief judge of the Eastern District of California, slapped Department of Justice attorney Jonathan Yu with an official sanction and a $250 fine.
In a scathing order, Nunley laid out why he was compelled to take such a rare step. The fine may have been less than some traffic tickets, but it’s nearly unheard for a judge to formally admonish a government lawyer.
By Yu’s own admission, he was drowning in work. In his order, Nunley recounted the attorney’s claim he’d been assigned more than 300 nearly identical cases in the last three months, all of immigrants in detention who argued they were being held without cause.
Court filings show many California cases involve longtime U.S. residents unexpectedly hauled off to jail after routine check-ins with immigration officials. One was an Afghan who’d helped the American war effort. Another a Cambodian grandmother of eight who fled Pol Pot’s killing fields as a girl nearly 50 years ago.
Until last year, most would have fought deportation on bond after a brief hearing with an immigration judge. Now, their only hope of release is to file a petition for writ of habeas corpus — a legal maneuver once typically reserved for death row inmates and suspected terrorists — inundating the country’s busiest federal courts with thousands of emergency suits.
The Trump administration attorney said he was trying to “triage” the situation, but Nunley found he repeatedly failed to comply, leaving people with the right to walk free stuck behind bars.
“The Court is not persuaded,” he wrote, issuing the sanctions.
The order came days after Nunley took the unusual step of announcing a “judicial emergency” in the district, which covers nearly half of California, stretching from the Oregon border to the Mojave Desert in the inland part of the state, including Fresno, Bakersfield and Sacramento.
In the last year, the Eastern District has received more petitions from immigration detainees than almost any other jurisdiction in the United States: More than 2,700 since January, compared to fewer than 500 last year and just 18 in 2024. Similar crises are playing out elsewhere, with federal courts in Minnesota briefly paralyzed amid the Trump administration’s enforcement blitz there last winter.
People detained are seen behind fences at an ICE detention facility in Adelanto, California on July 10, 2025.
(Patrick T. Fallon/AFP via Getty Images)
In an interview with The Times, Nunley said dealing with the surge of activity since last summer has been “like being hit over the head with a bat.”
“We’re up all night doing these cases,” he said.
So far this year, the Eastern District’s six active judges have ordered almost people 2,000 freed.
“The majority of the cases that we see are cases where people should not be detained,” Nunley said. “They should be receiving hearings to determine whether or not they are to remain in this country, and until they receive those hearings, they should be free.”
Since last July, the Department of Homeland Security has ordered that all immigrants it arrests are subject to “mandatory detention” — a policy that had previously only applied to those caught at the border.
The change came four days after President Trump signed a spending bill that earmarked $45 billion to expand the federal network of immigrant lockups.
“This has been a sea change in the way the government has read the law,” said My Khanh Ngo, a senior staff attorney at the ACLU Immigrants’ Rights Project. “Almost every judge who has looked at this has agreed these people should get bond, and yet thousands of people are still sitting in detention.”
Elizabeth Vega, 15, right, and Darlene Rumualdo, 15, from Torres High School join labor organizers, clergy leaders and immigrant rights groups to protest immigration raids nationwide at La Placita Olvera in downtown Los Angeles on January 23, 2026.
(Genaro Molina/Los Angeles Times)
Longtime U.S. residents who might once have fought removal from home — where they can more easily gather evidence to support their case and confer with lawyers — are instead being held indefinitely.
Many have no criminal record. Some have been in the U.S. so long that the countries they came from no longer exist.
“People are locked up in the same facilities as people accused of crimes, people who’ve been convicted of crimes … and then you’re telling people, you have no shot of getting out,” Ngo said. “Detaining people and not giving them the chance to get out of detention is a way of coercing people to give up their claims.”
The habeas process can take weeks or months depending on the judge and the district.
“When the immigration cases dropped on our district, we got hit harder than any other outside West Texas,” Nunley said. “Initially we had more cases than anyone else.”
Today, data compiled by ProPublica and legal activist groups including the Immigration Justice Transparency Initiative show almost a quarter of the roughly 30,000 active habeas petitions in the United States are in California courts. Nunley’s own tabulations show half the California cases are in his district, where a perfect storm of stepped-up enforcement, a large population of immigrant workers and a concentration of detention centers produced a flash flood of habeas petitions.
The cases rely on the Constitution’s guarantee of due process before being deprived of life, liberty or property. But according to court filings, in some instances the government has argued “the Fifth Amendment does not apply” to detained immigrants.
DOJ lawyers responding to the bids for freedom now regularly complain they’re being crushed under paperwork.
Judges accustomed to having government lawyers comply with their orders have been left fuming.
In California’s Central District, which includes L.A. and surrounding areas, Judge Sunshine Sykes wrote a fiery decision earlier this year that said the Trump administration is inflicting “terror against noncitizens.”
Sykes is one of several federal judges across the country that have tried to compel the government to resume bond hearings. The 9th U.S. Circuit Court of Appeals blocked that decision in March, leaving the habeas system in place for now. But with challenges or recent decisions across multiple circuits, experts say the fight is fated for the Supreme Court.
“ICE has the law and the facts on its side, and it adheres to all court decisions until it ultimately gets them shot down by the highest court in the land,” a Homeland Security spokesperson said in an email to The Times.
A woman holds a “ICE not welcome here!” sign at a vigil in San Pedro in January.
(Gina Ferazzi/Los Angeles Times)
The lawyers fighting to free those jailed under the Trump administration’s mandatory detention policy say they were not initially equipped for these legal battles because they used to be exceedingly rare.
Most federal judges had only seen a handful of habeas petitions before last summer — then suddenly they had hundreds of requests for urgent relief, according to Jean Reisz, co-director of the USC Immigration Clinic.
Reisz said there are efforts to get pro bono law groups trained on how to effectively argue habeas cases, “but it takes a while to get up to speed.”
A federal agent asks residents to move back after a shooting during an immigration enforcement operation in Willowbrook on January 21, 2026.
(Genaro Molina/Los Angeles Times)
At the same time, Reisz said, lawyers are pushing judges who oversee the cases to act swiftly, since interminable procedural delays ensure people remain incarcerated.
“Most of the habeas petitions include a motion for temporary restraining orders, and that requires emergency decisions from the courts, which requires the courts to act very fast,” Reisz said.
In California’s federal district courts, the backlog remains thousands deep. Nunley said the system is struggling to keep up with the crush of cases.
“There’s nothing that says that noncitizens should not be entitled to due process,” Nunley said. “These are our people, they reside in our district. They’re entitled to the same due process that you and I are entitled to.”
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