Democrats have won majorities in the House and Senate, but Immigration and Customs Enforcement (ICE) still has a significant amount of funding, with Congress allocating around $240 billion to ICE and Customs and Border Patrol in 2025 and 2026. This funding has given ICE a blank check, allowing the agency to continue its operations without significant oversight.
Background And History
ICE is a federal law enforcement agency under the United States Department of Homeland Security, created as part of the Homeland Security Act of 2002 following the September 11 attacks. The agency’s stated mission is to conduct criminal investigations, enforce immigration laws, preserve national security, and protect public safety. However, ICE has been involved in multiple controversies and has been the subject of increased protests and criticism, particularly during the Trump administration.
Current Funding And Operations
The current Congress has given immigration enforcement a blank check, with $240 billion allocated to ICE and Customs and Border Patrol in 2025 and 2026. This funding has allowed ICE to expand its detention facilities and continue its enforcement actions, despite criticism from activists and lawmakers. Democratic Congressman Robert Garcia, set to become the next chair of the House Oversight Committee, has promised to look into ICE enforcement oversight, which could lead to increased scrutiny of the agency’s operations.
Policy Changes And Oversight
Congress could claw back the funding given to ICE, but President Trump would likely veto such a move. Alternatively, there could be restrictions on the usage of the funds, such as warrant requirements, banning masks, or restricting agents from entering schools, churches, and hospitals. A coalition of 107 organizations has urged Congress to maintain zero-dollar funding for ICE and Border Patrol, citing the agencies’ “out-of-control, violent targeting of American communities.” Democrats plan to use their congressional majority to scrutinize the administration’s immigration enforcement operations and hold officials accountable, which could lead to significant changes in ICE’s operations.
What Comes Next
The new Democratic majority in Congress is likely to lead to increased oversight of ICE and its operations. With the agency’s funding and actions under scrutiny, ICE may face significant changes in the coming months. As Murad Awawdeh of the New York Immigrant Coalition says, “We demand that the incoming Congress hold ICE accountable.” By nightfall, the future of ICE’s operations and funding will be shaped by the actions of the new Congress, and the agency’s continued actions will be under close watch.
Sources
- United States Immigration and Customs Enforcement
- Blue wave: what's next for ICE?
- Coalition of 107 Organizations Urges Congress to Maintain Zero-Dollar Funding for ICE and Border Patrol – Robert & Ethel Kennedy Human Rights Center
- Six Democrats who voted to fund ICE hold off Republicans to win
- Democrats won big on issues like immigration. But ICE still has the money
- US immigration row: Democrats gear up to challenge Trump's crackdown
Photo: DHSgov (Public domain)
