Democrats Aren’t Reining in ICE. Here’s How They Could.

ICE is out of control. Democrats have numerous ways to restrain the agency, from barring ICE from domestic spying and terminating its contracts with tech companies to creating and fully funding an independent body to investigate its many abuses.

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Democrats are poised to waste the strongest leverage they’ve had yet to rein in an out-of-control ICE deportation machine since Donald Trump took office. (Saul Loeb / AFP via Getty Images)


Congressional Democrats are almost preternaturally talented at missing the moment, especially when it comes to immigration. They’re about to do it again.

Democrats are poised to waste the strongest leverage they’ve had yet to rein in an out-of-control Department of Homeland Security (DHS) deportation machine since Donald Trump took office. As unrepentant Immigration and Customs Enforcement (ICE) and other DHS agents wage war on American cities, thumb their nose at the law, and kill with impunity, Democrats in Congress have belatedly decided to fight the attempt to hand the department more funding and use the unpopularity of ICE’s activities and the potential for a government shutdown to force restrictions on DHS’s activities. Unfortunately, those restrictions have turned out to be a handful of toothless reforms.

The reforms range from the minor but welcome (agents can’t wear masks, must wear body cameras, and have to end roving patrols) to the largely irrelevant (agents must use actual judicial warrants and use-of-force standards that match local police). The reason the latter are irrelevant is because DHS agents already have strict use-of-force standards as well as a legal requirement to use judicial warrants — the problem is that they simply ignore the law and face no consequences for doing so.

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