The Senate is facing a significant hurdle just days before a potential government shutdown: a disagreement over negotiation partners.

With less than two days until a partial shutdown could commence, Democrats have declared they will not proceed with the six-bill “minibus” designed to fund the rest of fiscal 2026 if it includes the Department of Homeland Security’s budget.

Republican leaders argue that Democrats should negotiate with the White House, whereas Democrats insist that discussions should occur with their Republican counterparts in Congress. Although both sides exhibit some willingness to negotiate, this fundamental disagreement is proving to be a substantial obstacle as Friday’s deadline looms.

“I believe the conversation needs to happen between the White House and Democrats right now,” stated Senate Majority Leader John Thune (R-S.D.). “The White House is evidently open to negotiation.”

In contrast, Democratic leaders have consistently emphasized that it is Thune’s responsibility to broker a deal.

“I think right now the conversation should be between the White House and Democrats,” Senate Majority Leader John Thune (R-S.D.) said. “The White House obviously is open to negotiation.” 

Democratic leaders, meanwhile, repeatedly put the onus on Thune for getting a deal.

“We have to pass the bill here,” Sen. Patty Murray (Wash.), the top Democratic appropriator, told reporters. “He’s the majority leader.” 

Senate Minority Leader Chuck Schumer (D-N.Y.) also namechecked Thune multiple times during his weekly press conference while laying out the party’s wishlist to break the impasse. 

“It’s now on Leader Thune to separate out [the] DHS bill,” and for him to “start working with Democrats to rein in ICE, imposing oversight, accountability and empowering local law enforcement in our communities,” Schumer said.

The Democratic leader also noted that Speaker Mike Johnson (R-La.) passed the DHS measure as a standalone in the House before combining it with the other five bills.

On top of splitting the DHS bill off from the other five, Democrats on Wednesday laid out their key demands for changes to the legislation: an end to roving immigration patrols, requiring Immigration and Customs Enforcement (ICE) to coordinate with state and local law enforcement, a uniform code of conduct and accountability governing federal agents’ use of force, and for agents on the ground to wear body cameras and not be masked. 

The administration has already said that some of those items are non-starters. 

Republicans have signaled they are keen on a potential deal, with some members indicating they support splitting off the Homeland Security funding measure to pass the other five bills. Those items would fund the departments of Defense, Transportation, Housing and Urban Development, Health and Human Services, Labor and Education — which combined with the bills Congress has already passed would fund 96 percent of the federal government through the end of the fiscal year. 

However, they are baffled by the Democratic insistence that it’s Thune who has to do the heavy lifting for the GOP given the need for presidential buy-in on any deal and the potential need to get any agreement through the House.

“I don’t think we can get out in front of the president. If there is an agreement that’s different than what’s already in the House bill, I think it only occurs if the president is on board first,” said Sen. Mike Rounds (R-S.D.). “He still has to sign the bill. … Republicans are part of a team with the president.”

“We think the Dems should be negotiating with the White House for an appropriate discussion,” he continued. “Once that occurs, I think we’re on board with trying to make sure that we don’t get into a shutdown situation.”

A chief concern for Thune and Republicans is needing to usher the DHS package through the House a second time. It eked through last week, but that was before a Border Patrol agent fatally shot Alex Pretti, a 37-year-old ICU nurse, in Minneapolis, setting off a firestorm.

Republicans have argued that the easiest path would be to pass the current package as is and have Democrats deal with the White House on reforms via executive action. 

Democrats, long distrustful of the administration, have maintained all along that any fix must be made at the legislative level.

“We’re talking about a basic package of reforms that would have to be legislative. No executive order or promise of, ‘We’re going to do this, you can trust us.’ We don’t trust them,” said Sen. Tim Kaine (D-Va.), who also believes Republicans don’t need a green light from the White House. 

“They don’t need to ask President Trump, ‘mother may I?’ for everything,” he said. 

Schumer indicated to reporters on Wednesday that he has not talked to Thune about Democrats’ demands — which he officially unveiled after lunch — saying that he wanted to talk to his Democratic conference first. 

Democrats say they’re on the same page regarding those demands.

“It’s been a long time since we’ve been this united. We are totally together and determined and we think we can get this to a good place,” said Sen. Brian Schatz (D-Hawaii), who is expected to become the new No. 2 in the conference next year. 

“Nobody should mistake our willingness to negotiate for a lack of moral or political clarity,” he added.