Monitoring democratic institutions through public records
Spending Money Congress Approved — Week of Feb 2, 2026
Can the President refuse to spend money that Congress already approved? This is called "impoundment" and it's usually illegal.
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This week, a Senate floor speech highlighted a growing standoff between Congress and the Department of Homeland Security over immigration enforcement operations and government spending. Senator Dick Durbin of Illinois stated in DEPARTMENT OF HOMELAND SECURITY that DHS Secretary Noem refused to appear before the Senate Judiciary Committee throughout the previous year, even as Congress debated how much money to give the department and under what conditions.
This might matter because when a federal agency's leader won't answer questions from the congressional committees that control its budget, it could weaken Congress's ability to ensure taxpayer money is being spent as intended. Congress's control over government spending is one of the most fundamental checks on presidential power — it's how the Constitution ensures no president can simply spend money however they want.
The most likely alternative explanation is that this reflects normal political friction during a contentious budget fight. Cabinet officials often delay or decline testimony, and Senator Durbin, as a Democrat negotiating against a Republican administration, has strong incentives to frame the situation as a crisis. Notably, Congress successfully passed funding for 96 percent of the government on a bipartisan basis, suggesting the broader spending process is working. The DHS bill may simply be the last, most politically charged piece to resolve.
Senate Democrats used their leverage to withhold votes on DHS funding, demanding reforms to immigration enforcement operations — including requirements for agents to wear visible identification and use body cameras. A two-week negotiation window was described, with DHS funding still unresolved.
Limitations: This assessment is based on one senator's floor speech during active budget negotiations. No direct evidence of the executive branch refusing to spend money Congress already approved was identified this week. The situation may resolve through normal legislative bargaining.