The Senate appeared to be on track to fund vast portions of the government Thursday, but Republican South Carolina Sen. Lindsey Graham put a hold on the package, citing the need to crack down on sanctuary cities and hold former special counsel Jack Smith accountable.
Graham, an immigration hawk, is demanding a vote on legislation to criminalize city officials who uphold sanctuary policies. The South Carolina Republican is also insisting on a vote to repeal a House-passed provision that would prevent senators whose phone records were seized without notification by Smith during his 2020 election interference probe to sue for monetary damages.
“We cannot live in a country this way, where you get to pick and choose the laws you don’t like,” Graham said on the Senate floor, referring to sanctuary policies. “You should literally go to jail if you will not enforce the law.”
It is unclear if the two amendments demanded by Graham will receive a vote. Various GOP senators have also requested amendment votes regarding the elimination of earmarks, refugee assistance money and funding to the National Endowment for Democracy in the five-bill appropriations package.
Graham’s decision to delay the funding package comes as Trump has urged lawmakers to quickly pass the spending agreement. The government is slated to experience a partial shutdown beginning Saturday at 12:01 a.m.
Under a deal reached by the White House and Senate Democrats Thursday, the Senate is expected to pass a two-week funding extension for DHS funding while approving a separate five-bill appropriations package. Democrats have opposed funding DHS absent reforms to immigration enforcement following the fatal shooting of 37-year-old ICU nurse Alex Pretti in Minneapolis.
“Hopefully, both Republicans and Democrats will give a very much needed Bipartisan ‘YES’ Vote,” Trump wrote.
Graham argued the bipartisan deal cedes too much ground to Democrats and that Republicans should be standing up for Immigration and Customs Enforcement (ICE).
“There are a lot of people out there frustrated that the moment is not being met,” Graham said. “I think it’s time to reevaluate.”
Other GOP lawmakers have voiced frustrations that the spending deal does not fund DHS for the full fiscal year.
“I actually support ICE. I support Homeland Security. I’m not going to support something like this,” Republican Florida Sen. Rick Scott told reporters Thursday. “I don’t support this idea. This is crazy not to fund Homeland Security.”
Graham is one of the GOP senators whose phone records were seized without prior notification during the Smith probe. Critics have argued the provision could allow eligible senators to enrich themselves with taxpayer funds.
His proposed amendment would expand those eligible to sue for $500,000 per violation over Smith’s “Arctic Frost” investigation. The original Senate measure — passed as part of the deal to end the Fall 2025 shutdown — only allowed senators to sue the government despite Smith seizing the phone records of at least one House lawmaker and hundreds of GOP groups. The House of Representatives, who was blindsided by the measure’s inclusion in the shutdown deal, repealed that provision last Thursday, which many observers saw as an attempt to “jam” the Senate by attaching the repeal to must-pass legislation.
Graham said he wants to widen the “private cause of action” to allow other impacted groups the same ability to sue the government.
“I’m not going to give up on the idea that we should abandon holding Jack Smith accountable,” Graham said.
“You jammed me, [House] Speaker [Mike] Johnson,” Graham continued. “I won’t forget this … If you think I’m going to give up on this, you really don’t know me.”
Retiring Republican North Carolina Sen. Thom Tillis sharply criticized Graham’s delay tactics holding up passage of the spending agreement.
“One senator has a lot of power and if you use it judiciously, you can be productive and make a difference,” Tillis told reporters Friday. “But if you use it in the heat of the moment, you can make a point that not a damn person is going to remember.”
Graham announced later on Friday that he lifted his hold on the funding package after receiving a commitment from Senate Majority Leader John Thune to hold a vote on legislation targeting sanctuary cities. The South Carolina Republican also said that Thune agreed to give floor consideration to his amendment allowing GOP-aligned groups and individuals impacted by the Smith probe to sue the government at a later point in time.
“I very much appreciate Leader Thune going to bat for the cause of ending the lawlessness and chaos created by sanctuary city policies, and allowing groups and private citizens harmed by Jack Smith to have their day in court,” Graham said in a statement.
Editor’s note: This story has been updated with additional reporting.
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