As the standoff over funding for the Department of Homeland Security (DHS) continues, former officials express concerns about Congress’s involvement in the agency’s operations. They suggest that the current demands for oversight mark a significant shift for a department that has largely operated independently since the events of September 11, 2001.
John Sandweg, a former acting director of Immigration and Customs Enforcement (ICE), noted that while Congress has occasionally provided general directives, it has not traditionally managed the agency’s day-to-day functions.
“There were several mandates from Congress that were necessary for creating this system,” he explained.
Sara Saldaña, who led ICE from 2014 to 2017, feels it’s not typical for Congress to interfere directly in governmental processes.
Fetterman criticizes Democrats, suggesting they prioritize politics over national interests due to the DHS funding crisis.
Saldaña argued that while Congress has a legitimate role in overseeing taxpayer spending, it shouldn’t dictate specific agency operations. She mentioned that it’s no surprise lawmakers are scrutinizing ICE’s recent actions.
“But Congress doesn’t run anything. Congress passes laws,” she emphasized.
Sandweg also pointed out that ICE’s operational independence has led to varied enforcement practices over the years. This flexibility, he argued, enabled a more aggressive stance on immigration under President Donald Trump.
In light of Trump’s immigration policies and several contentious incidents involving ICE agents, Democrats are pressing for changes. These include ending certain patrols and banning officers from using visible identification.
There’s been a halt in DHS funding as the debate persists.
ICE was established through the Homeland Security Act of 2002, which aimed to address the security lapses revealed by the September 11 attacks. Even though it was a new agency, ICE was assigned the enforcement of laws that had been in development for a long time.
“We’re legal,” Saldaña remarked. “We were created amid the post-September 11 intelligence turmoil regarding visa overstays that contributed to the World Trade Center bombing.”
The law put DHS in charge of various immigration functions, including border security, detention, and investigations, yet it lacked any specific operational outline and did not explicitly reference ICE.
Schumer dismisses Trump’s proposals for reforming ICE; the DHS funding bill fails.
In 2004, lawmakers allocated $2.1 billion to ICE as part of the first congressional directive following its establishment.
ICE was tasked with several initiatives, including setting aside funds to address child pornography and human trafficking.
According to Jessica Vaughn from the Center for Immigration Studies, ICE officials initially preferred focusing on issues like trafficking rather than strict immigration enforcement.
“They thought avoiding immigration issues was less politically sensitive,” Vaughn noted.
Sandweg concurred, describing a sort of internal conflict within the agency that persisted across different administrations.
“It became a bit of a culture war,” he said, concerning whether to focus on immigration or other investigations.
Conversely, Saldaña argues that ICE always maintained a clear mission.
“Each administration has its own enforcement priorities, and there are memos and executive orders to shape that mission,” she explained.
However, ongoing dissatisfaction with ICE’s performance led Congress to intervene more directly over time.
As funding deadlines approach, Schumer and Democrats face increasing pressure regarding DHS finances.
After years of limited enforcement action, lawmakers began to impose specific requirements on ICE. For instance, in 2009, Congress mandated that ICE must maintain at least 34,000 beds for detainees, which stemmed from concerns about releasing too many individuals.
Vaughn believes there’s been a renewed push for ICE to adhere to its original framework.
“No president before Trump has valued immigration enforcement as he has,” Vaughn remarked. “There’s no question that ICE has been operating under the law as Congress intended, especially with Trump’s backing.”
For the moment, parts of DHS remain underfunded amid the ongoing negotiations over funding demands from Democrats.
ICE received $75 billion under Trump’s One Big Beautiful Bill Act and has continued operations despite the current government shutdown.
