The Senate’s last-minute scramble to avert a government shutdown hit a major roadblock late Thursday night after Sen. Lindsey Graham of South Carolina placed a hold on the funding package, forcing Senate leaders to delay a vote and raising the likelihood of at least a short shutdown.
Lawmakers had been preparing to vote on a so-called “minibus” spending package after leadership struck a deal earlier in the day and President Donald Trump gave it his endorsement. The agreement called for a vote on five full-year funding bills, along with a short-term measure to keep the Department of Homeland Security funded for two weeks.
But as senators waited for word on when the vote would take place, Graham emerged from Senate Majority Leader John Thune’s office and made clear it was not happening. “We’re not voting tonight,” Graham declared, bringing the process to a halt.
Graham said his objection centered on language in the bill that would repeal a provision allowing senators to sue if their phone records were collected as part of former special counsel Jack Smith’s investigation. He argued that lawmakers deserve to know if their communications were swept up and to have a legal path to challenge it.
“What senator wouldn’t want notification that they’re looking at your phone?” Graham asked. He said senators who believe their records were illegally seized should have their day in court and insisted that Congress has an obligation to ensure such actions never happen again.
The provision at issue, known as “Arctic Frost,” was championed by Graham and passed as part of the legislation that ended last year’s historic shutdown. It sparked anger in the House because it applied only to senators, not House members. The House later inserted language repealing the provision into the DHS funding bill, and it is set to remain in the two-week continuing resolution to keep DHS operating through Feb. 13.
Graham also signaled frustration that the package did not include full-year funding for Homeland Security. “The cops need us right now,” he said, adding that law enforcement officers are facing hostility and intense pressure.
Senate Minority Leader Chuck Schumer quickly pointed the finger at Republicans for the delay, telling reporters that they needed to “get their act together.” Thune acknowledged that there were complications on both sides of the aisle.
Because Senate leaders were attempting to fast-track the vote, the process required unanimous consent, meaning any single senator could grind it to a halt. Thune expressed hope that cooler heads would prevail. “Tomorrow’s another day,” he said, adding that he hoped the Senate would be in a better position to move forward by Friday.
The impasse came just hours after the White House and Senate Democrats announced a deal to peel DHS funding out of what was originally a six-bill package. Democrats had threatened to derail the broader deal unless DHS funding was removed in the wake of the killing of Alex Pretti by a Border Patrol agent in Minneapolis.
The remaining five bills would fund the departments of Defense, Transportation, Housing and Urban Development, Health and Human Services, Labor, and Education through the end of September.
President Trump urged action earlier Thursday, writing on Truth Social that Republicans and Democrats had come together to fund most of the government through September while extending DHS funding. He called for a strong bipartisan “YES” vote.
Negotiations stretched roughly 24 hours and included a fight over how long the DHS extension should last. Democrats pushed for two weeks, while Republicans wanted closer to a month or more. The shorter extension won out, setting up the possibility of repeated short-term measures.
Democrats also unveiled demands tied to DHS funding, including limits on ICE patrols, new accountability standards, and body camera requirements.
The Senate is expected to reconvene Friday, but the bill must still return to the House, all but guaranteeing a brief lapse in funding. The House is set to return Monday, though leaders are weighing whether to bring members back sooner. Speaker Mike Johnson said floor action is unlikely before Monday, acknowledging a short shutdown may be unavoidable but stressing that Congress and the president remain committed to funding the government.
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