Two Republican-controlled Senate committees late Monday released legislative text for a sweeping $71.7 billion reconciliation package to fund immigration enforcement agencies at the Department of Homeland Security through the remainder of President Donald Trump’s term, marking a significant step in the GOP’s effort to bypass Democratic opposition using budget reconciliation rules.
The Senate Judiciary Committee text shows that panel’s piece of the package would amount to $39.2 billion, which includes $2.5 billion for the Justice Department and Secret Service on top of DHS funding. A separate title from the Homeland Security and Governmental Affairs Committee would provide $32.5 billion, according to preliminary estimates based on the legislative text. The Congressional Budget Office is expected to release its formal analysis later this week.
“The Senate Judiciary Committee is taking action to help provide certainty for federal law enforcement and safer streets for American families,” Judiciary Chairman Charles E. Grassley, R-Iowa, said in a statement. “We will work to ensure this critical funding gets signed into law without unnecessary delay.”
The legislation represents an unusual use of the budget reconciliation process to fund federal agencies, which traditionally receive annual appropriations through the regular budget process. Budget reconciliation is typically reserved for tax and mandatory spending changes, though Senate parliamentarians have previously allowed some discretionary spending under specific circumstances.
Congressional Republicans say they felt compelled to use this approach after Democrats opposed several immigration enforcement provisions during regular appropriations negotiations earlier this year. The move comes after funding for expanded immigration enforcement was removed from the final Homeland Security appropriations bill following disagreements over agency oversight and accountability measures.
Under the combined package, Immigration and Customs Enforcement would receive approximately $38.2 billion, while Customs and Border Protection would get slightly more than $26 billion, including $22.6 billion for Border Patrol personnel, air and marine agents, and field support operations.
The ICE funding includes $30.7 billion for hiring and training new officers, transportation, information technology upgrades, and agreements with local police departments under the 287(g) program, which allows local law enforcement to perform certain immigration functions. An additional $7.45 billion would go to ICE’s Homeland Security Investigations unit, which conducts criminal investigations into drug and weapons smuggling, human trafficking, cybercrime and potential terrorist activities.
The legislation also allocates $3.45 billion for border security technology and screening efforts, including “non-intrusive equipment” that employs artificial intelligence to combat narcotics trafficking and screen individuals entering or leaving the United States.
In a notable inclusion, the package contains $1 billion for enhanced White House security infrastructure managed by the Secret Service. The funding would support “security adjustments and upgrades,” including “above-ground and below-ground security features,” according to the legislative text. The measure includes language ensuring the taxpayer money would be used only for security elements and not “non-security components” of any broader facility improvements.
Senate Homeland Security and Governmental Affairs Committee Chairman Rand Paul, R-Ky., who initially expressed skepticism about using reconciliation for appropriations, ultimately supported the approach. “Senate Democrats continue to obstruct funding for border security and immigration enforcement,” Paul said in a statement. “This reconciliation package ensures these vital functions receive necessary resources.”
However, the legislation faces significant procedural hurdles. The Senate’s “Byrd Rule” prohibits reconciliation bills from including provisions that don’t primarily affect federal spending or revenue, and several elements of the package could face parliamentary challenges.
Norman Ornstein, a congressional scholar at the American Enterprise Institute, said multi-year agency appropriations through reconciliation are “highly unusual” and could face procedural obstacles. “The Byrd Rule creates real constraints on what can be included,” Ornstein said.
The Congressional Budget Office estimates the bill would add approximately $71.7 billion to the deficit over the next decade. The reconciliation bill would appropriate funds for fiscal year 2026 while allowing the money to be obligated through 2029. Budget experts note this approach could lead to faster spending than traditional annual appropriations cycles.
Democrats are mobilizing opposition to the package, with several senators indicating they plan to challenge multiple provisions under Senate rules. “Senate Democrats are prepared to review this bill line by line and vigorously challenge any provision that violates the Byrd Rule,” said Sen. Jeff Merkley of Oregon, the ranking member of the Budget Committee.
Senate Minority Leader Chuck Schumer, D-N.Y., criticized the approach as “an abuse of the reconciliation process” and questioned whether the package complies with Senate rules governing the procedure.
The legislation emerges from the fiscal 2026 budget resolution adopted by both chambers, which called for approximately $70 billion in immigration enforcement spending after those funds were excluded from regular Homeland Security appropriations. Republican leaders have indicated they plan committee votes on the reconciliation package within the next two weeks, though the timeline for floor consideration remains unclear.
House Appropriations Committee Chairman Tom Cole, R-Okla., expressed cautious support while noting concerns about the precedent. “We support robust immigration enforcement funding, but we want to ensure this approach doesn’t undermine the traditional appropriations process,” Cole said Tuesday.