Federal public defenders prepare for partial shutdown as Democrats threaten no-votes
Community members clash with ICE, other federal officers, Minneapolis police, and other state officers on June 3, 2025, as officials raid Las Cuatro Milpas in Minneapolis, Minnesota. (Photo by Nicole Neri/Minnesota Reformer)
TOPEKA — Federal public defenders who went months without pay last year are facing more financial pressure as another government shutdown looms following state-sanctioned violence in Minneapolis and across the United States.
U.S. Senate Democrats have said they will refuse to provide enough votes for a bundle of federal appropriations bills if funding for U.S. Immigration and Customs Enforcement remains attached, putting defenders’ funding at risk again.
Under current proposals, the judiciary is set to receive $1.76 billion, which is a $310 million increase from the amount allocated in 2025 and 2024.
Melody Brannon, the federal public defender for Kansas, said those funds will keep the country’s 83 federal public defender offices working and pay private panel attorneys, who step in when defenders aren’t otherwise available, through the fiscal year. They also address budget shortfalls and temporary stopgap measures that left thousands of attorneys, paralegals and judicial service providers without pay for months, amounting to nearly $70 million in unpaid vouchers across the country.
“It is a significant increase from last year, but in reality we are just catching up from the full-year continuing resolution, including four-plus months of money owed to private attorneys,” she said. “We had to dig out of a deep hole caused by years of underfunding public defense.”
The 43-day government shutdown this fall exacerbated missed payments.
Melody Brannon, the federal public defender for Kansas shown here in October 2021, signed onto a statement from defenders nationwide condemning immigration agents’ recent killings and violent actions. (Photo by Thad Alton for Kansas Reflector)
Federal public defenders represent roughly 60% of people charged with federal crimes. The strained funding has coincided with a three-year federal public defender hiring freeze, which is expected to be lifted if the appropriations bill passes.
U.S. Senators must vote on the appropriations bill by Friday to avoid a partial shutdown. Some have advocated for stripping the Department of Homeland Security’s appropriations from the rest of the package, allowing other funding to proceed as written. However, U.S. Senate Republicans have not indicated they will compromise. Plus, if Homeland Security funding were separated, it may require U.S. House approval, and the chamber is not scheduled to return to the Capitol until after the end of the month, making a shutdown more likely.
Immigration agents have opened fire on civilians at least 20 times since President Donald Trump deployed them in cities across the U.S. last year, according to data compiled by The Trace, a gun violence reporting outlet. Agents have killed five people in total and injured nine. Saturday, agents killed Alex Pretti, a 37-year-old nurse, which was the second deadly shooting in Minneapolis in recent weeks, after an agent killed 37-year-old Renee Good on Jan. 7.
The escalation in violence fueled U.S. Senate Democrats’ efforts to thwart a Republican spending bill that contains $28 billion for ICE and Customs and Border Protection — one portion of Homeland Security’s proposed $64 billion budget, as recommended for approval by the U.S. Senate Appropriations Committee.
Federal public defenders from across the country in a Monday statement described the killings in Minneapolis as horrific.
“Our nonpartisan work is rooted in the foundational principles of due process and equal protection under the law,” the statement said. “These constitutional protections are universal — they extend to every person, no matter the charges they face.”
The defenders expressed concern for reports of unlawful entry into homes, excessive force, and targeting or detaining community members, including U.S. citizens, without probable cause. They called on federal immigration officials to de-escalate and cooperate with independent investigations.
Federal agents spray demonstrators at close range with irritants after the killing of Renee Good by U.S. Immigration and Customs Enforcement officer Jonathan Ross on Jan. 7, 2026, in Minneapolis. Since July 2025, there have been at least 17 open-fire incidents involving federal immigration agents, according to data compiled by The Trace, a nonprofit and nonpartisan news outlet investigating gun violence. (Photo by Nicole Neri/Minnesota Reformer)
Andrew Birrell, president of the National Association of Criminal Defense Lawyers and a Minneapolis resident, said in a Saturday statement the rule of law suffers when federal agents target people because of perceived resistance instead of with objective evidence of wrongdoing.
“The Bill of Rights is not a suggestion,” Birrell said. “It is the bedrock of our Republic.”
The lawyers called for a recalibration of ICE recruitment and conduct.
“Currently, the actions of these agents — such as firing at moving vehicles or gunning down individuals recording their activities — fall far short of the constitutional standards expected of any entity granted the power of the state,” he said.
Both groups of lawyers and public defenders encouraged a move away from profiling, favoring a system that prioritizes constitutional rights, respect and de-escalation.
Brannon said defenders wanted to emphasize in the statement the constitutional mandate attorneys and law enforcement are beholden to, while calling attention to federal agencies disregarding the rule of law.
“We’re not asking for anything revolutionary,” she said.
The defenders want stability and predictability in the communities they serve, Brannon said, and in Minnesota, those principles are disintegrating.
“This is just a whole new level of complexity and problems that we haven’t seen,” she said.