Pressure is intensifying to reach a funding agreement as the Department of Homeland Security (DHS) shutdown enters its 40th day. Airport security lines are growing longer, and thousands of Transportation Security Administration (TSA) employees are facing delays in their paychecks.
As newly appointed DHS Secretary Markwayne Mullin assumes leadership, Congress members and the Trump administration are engaged in renewed negotiations aimed at achieving an accord.
The shutdown commenced when Democrats voted against annual DHS funding, in reaction to Operation Metro Surge, an immigration enforcement initiative under the Trump administration that targeted Minnesota. For weeks, lawmakers and the White House have been discussing potential reforms to the enforcement practices of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). Democrats maintain that these reforms are essential for the approval of DHS’s annual budget.
This week, a proposal emerged from the White House and Republican leaders to fund significant portions of DHS, particularly the TSA, without incorporating reforms for ICE and CBP. Reports indicate that the agreement would preserve approximately $5 billion for ICE’s Enforcement and Removal Operations (ERO) while allocating around $22 billion for fiscal year 2026 to other ICE components, including Homeland Security Investigations (HSI), and CBP.
This development followed last week’s proposal from the White House, which outlined significant changes to existing policies and laws.
Here, we examine potential reforms that could enhance accountability in immigration enforcement practices.
Deep Cuts to Immigration Enforcement Funding
Alongside the funds negotiated, DHS still has access to nearly $150 billion from President Trump’s One Big Beautiful Bill Act. This encompasses the agency’s annual budget, plus about $75 billion allocated for enforcement and detention operations—seven times ICE’s annual budget. DHS possesses considerable discretion regarding the utilization of these funds. So far, ICE has more than doubled its number of deportation officers and proposed a $1 billion plan to transform the immigration detention system for expedited detention and deportation of noncitizens.
For reforms related to ICE and CBP to be impactful, they should coincide with funding reductions aimed at better centralizing the agency’s operations. Focusing solely on slashing the budget of one DHS agency, like ICE ERO, overlooks the fact that other DHS entities have expanded civilian immigration enforcement in the interior. A study by the CATO Institute noted that ICE’s HSI, which traditionally emphasizes criminal investigations, diverted nearly 87% of its workforce towards low-level immigration arrests last year. Moreover, CBP Border Patrol agents have escalated enforcement efforts in various U.S. cities, contributing to incidents such as the tragedy involving Alex Preti, who was shot and killed by two Border Patrol agents in Minneapolis.
Needed Reforms Alongside Funding Cuts
Restricting enforcement in sensitive locations is crucial, yet challenges remain. Under this administration, DHS’s immigration enforcement directives in and around medical facilities and schools have resulted in patients foregoing treatment and children being unable to attend school. For instance, in Chicago, half of all school districts saw a drop in enrollment following Operation Midway Blitz. In Minneapolis, immigrants have felt compelled to remain in their homes, avoiding public institutions despite a reduction in aggressive immigration measures. Historically, DHS had maintained an internal policy limiting arrests in sensitive locations—such as schools and places of worship—but the Trump administration rescinded this guidance on its first day in office. Any future funding agreements should explicitly bar immigrant arrests in these sensitive areas, which should also encompass politically sensitive locations such as polling places.
A comprehensive list of restricted areas must avoid vague exceptions that could be exploited. Allowing ICE and Border Patrol to retain broad discretion to override protections in sensitive locations would enable agents to continue their operations without accountability.
Visible officer identification is another critical aspect of accountability. Clear and consistent identification standards are vital for communities to discern which agencies are executing enforcement actions. Current regulations fall short of ensuring this transparency. While legislation mandates that investigators identify themselves post-arrest, ICE agent policies only require identification “when necessary for public safety or legal necessity.” In various U.S. cities, including Minneapolis, Los Angeles, and Chicago, ICE agents have often refused to identify themselves, resulting in public panic and an uptick in impersonation by criminals posing as ICE. Immigration officers must be compelled to utilize visible identification, akin to other law enforcement officers, to foster public trust and accountability.
Strengthening warrant requirements is also essential. Although the U.S. Constitution mandates that DHS agents obtain a judicial warrant to enter homes without consent, recent months have seen regulators inform DHS agents they can bypass this requirement, violating the Fourth Amendment. Furthermore, DHS has neglected to adhere to immigration law stipulations governing the issuance of administrative warrants. Unlike traditional law enforcement agencies, which require judicial approval for arrest warrants, DHS officials are allowed to self-issue administrative warrants. This lack of oversight has led to potential abuses in arrest powers. Congress should focus on reforming DHS’s arrest authority, ensuring robust administrative warrant requirements are in place, along with specific repercussions for non-compliance.
Additionally, the DHS’s reluctance to address employee misconduct raises serious accountability concerns. The agency has been hesitant to cooperate with local investigators in Minnesota following high-profile incidents, obstructing the work of its internal inspector general. To promote accountability regarding police abuses and excessive force allegations, Congress should enact stringent independent oversight mechanisms, including external and parliamentary investigations.
Future Directions Amid Uncertainty
The president’s mass deportation strategy has resulted in alarming consequences, including a rise in immigration detention fatalities and a shift towards aggressive enforcement tactics that many Americans oppose. While the road ahead remains murky, a conclusive agreement will necessitate funding cuts to both ICE and CBP, coupled with legislative changes that rectify the systemic flaws and accountability lapses currently plaguing the DHS.
