With the Department of Homeland Security facing a partial shutdown, Washington fixated this week on an unusual parliamentary maneuver: the pro forma session, a brief congressional meeting that satisfies constitutional requirements but accomplishes no legislative business.
Article I, Section 5 of the Constitution mandates that neither the House nor Senate may adjourn for more than three days without mutual consent. Without an agreed-upon adjournment resolution between both chambers, Congress must technically convene every three days — even during a recess.
The House and Senate resolved this by holding pro forma sessions, Latin for "a matter of form." These sessions gavel in and out within seconds. The Senate's sessions typically last 25 to 35 seconds; the House runs two to three minutes. Some senators once held informal competitions to see who could conduct the fastest pro forma, with the quickest clocking in at 21 seconds.
This week, the Senate met on Tuesday morning around 10:33 a.m. ET, with Sen. John Hoeven, R-N.D., presiding. After just 31 seconds, Hoeven adjourned the session without any legislative business conducted. Sen. Chris Coons, D-Del., was the only other senator present in the chamber.
Under Senate rules, any senator could have sought to conduct legislative business during a pro forma session. Hoeven or Coons could have attempted to pass the House-passed bill funding DHS for two months. Neither did so, and the Senate adjourned until Thursday morning for another pro forma session.
What the Right Is Saying
House Republicans passed a bill on Friday night funding DHS for two months and urged the Senate to take up the measure during pro forma sessions. Republicans argued that keeping DHS funded — even temporarily — was essential for national security, particularly during a period when the agency faces ongoing operational demands.
Sen. Mike Lee, R-Utah, urged President Trump to invoke a rare constitutional power to force Congress back from recess via a recess appointment, circumventing the need for Senate confirmation. Republicans have expressed frustration that Democrats are blocking DHS funding over policy disputes, with some characterizing the Democratic position as irresponsible.
GOP lawmakers have criticized what they call a "s--- sandwich" deal, arguing that Democrats are forcing a choice between a government shutdown and accepting unfavorable policy terms. From the Republican perspective, pro forma sessions represent an attempt by Democrats to avoid responsibility for blocking DHS funding while maintaining the appearance of being in session.
What the Left Is Saying
Democrats have generally opposed short-term funding patches for DHS, arguing that a two-month extension does not provide the agency with sufficient budgetary certainty to carry out its mission effectively. Progressive lawmakers have pushed for a longer-term funding resolution that addresses both DHS operational needs and policy priorities related to immigration enforcement.
Senate Minority Leader Chuck Schumer and other Democrats have argued that Republicans are using the funding debate to extract concessions on immigration policy, potentially holding DHS appropriations hostage for political objectives. From this perspective, the pro forma sessions represent a procedural tactic that prevents meaningful negotiation on a comprehensive funding bill.
Some Democrats have also raised concerns about the precedent of using pro forma sessions to block recess appointments, arguing that this weaponizes a procedural tool meant simply to satisfy constitutional meeting requirements.
What the Numbers Show
The Constitution requires Congress to meet every three days without an adjournment resolution. The Senate's pro forma session lasted 31 seconds on Tuesday morning. The fastest recorded pro forma session in Senate history was 21 seconds.
The House passed a two-month funding bill for DHS on Friday night, March 28. The Senate then met in pro forma session the following Tuesday and again on Thursday morning, adhering to the three-day interval requirement.
DHS has faced funding uncertainty since the start of the fiscal year, with multiple continuing resolutions needed to keep the department operational. The department employs hundreds of thousands of personnel responsible for border security, immigration enforcement, and counterterrorism.
The Bottom Line
Pro forma sessions remain a constitutionally required procedural tool, but they took on heightened significance this week as Congress wrestled with DHS funding during a scheduled recess. The brief gatherings allowed both chambers to technically remain in session without conducting legislative business, satisfying Article I requirements while the parties negotiated behind the scenes.
The Senate could have converted a pro forma session into a de facto working session by conducting legislative business with the senators present, but chose not to. The three-day interval between sessions means both chambers will meet again Thursday morning, when pressure may mount to break the funding impasse before DHS faces a potential shutdown.
What to watch: Whether either party attempts to bring up the House-passed two-month funding bill during Thursday's pro forma session, or if leaders can negotiate a longer-term solution that both chambers can pass before the weekend.