ICE is now the largest federal law enforcement agency in the country. And it has the fewest checks on its power.

Armed with sweeping powers, a ballooning budget, and minimal oversight, ICE is rapidly transforming into a force similar to those authoritarian regimes globally have used to spread fear and silence opposition.

We’re leading the movement to make government more accountable.

ICE’s unprecedented growth, explained

Following the creation of Immigration and Customs Enforcement (ICE) in 2003, the agency, charged with enforcing US immigration law, has enjoyed growing budgets1 under both Democrats and Republicans.

But the budget bill passed by Congress and signed by President Donald Trump on July 4, 2025 is set to add $170.7 billion2 to the immigrant and border-enforcement budget across several involved agencies over the next 4 years. Additional funding to ICE detention and staffing is set to increase ICE’s budget more than threefold, to an average of approximately $37.5 billion annually over the next four years.

ICE’s budget has grown into a behemoth, eclipsing the budgets of other domestic law enforcement agencies and rivaling the defense spending of major world powers.

The average annual ICE budget of $37.5 billion is

  • Larger than the military expenditures of all but 15 countries in the world3
  • Larger than the annual budgets of all other federal law enforcement agencies combined, including the Federal Bureau of Prisons; the U.S. Marshals Service; Drug Enforcement Agency; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Federal Bureau of Investigation.

Included in this explosive funding growth are totals4 of:

  • $45 billion for new detention centers (a 265% increase) that would potentially double the agency’s capacity to detain people.
  • $30 billion for personnel and operations to bring the total number of ICE agents to 30,000 (which is more than the entire staff of the FBI, and three times the number of FBI agents5).

The budget bill Trump signed into law on July 4, 2025, increases the federal deficit by $3.4 trillion over the next 10 years even while making massive cuts to programs like Medicaid and SNAP that everyday Americans rely on.6 The massive $170.7 billion infusion into the immigration and border enforcement budget over the next four years accounts for nearly half of that increased spending.

What rules apply to ICE?

ICE is required to follow the US Constitution and federal law. However, when the agency was created post-9/11, it was given unique authorities and broad leeway to enforce immigration laws and support FBI counter-terrorism efforts with less transparency and fewer guardrails than other law enforcement agencies7.

  • As a federal law enforcement agency, ICE is not subject to local or state rules that govern police departments.
  • No laws explicitly bar ICE agents from wearing masks to hide their identity.
  • No laws require ICE agents to wear body cameras or to provide badge numbers or identification. Often, ICE agents wear plainclothes and drive unmarked cars.
  • ICE agents may legally arrest people without a warrant if they “reasonably believe” the person is likely to escape.


With more money than the FBI and less public oversight than local cops, ICE wields powers most Americans don’t realize. And it’s only getting bigger.


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Is ICE following the law?

ICE has a long history of serious allegations of abuse, including sexual assault8, inadequate medical care and solitary confinement9 in detention.

During the first few months of the Trump administration, ICE has engaged in numerous instances of abusive conduct. These include:

  • Refusing to provide due process to persons they have detained before sending them to other countries. This included the decision to send hundreds of men to El Salvador, where they are in indefinite detention, in defiance of a federal district court order. They also include the decision to send 8 immigrants to South Sudan, a country with which they have no connection.
  • The arrest of immigrants legally in the United States, such as the university students Rumeysa Ozturk and Mahmoud Khalil, apparently based solely on their exercise of free speech rights.
  • Trump administration official Stephen Miller and Department of Homeland Security Secretary Kristi Noem have also set a “minimum” quota10 of 3,000 ICE arrests per day, leading to workplace raids and reports of racial profiling.

This behavior harms not only immigrants, but also US citizens. A law enforcement agency that feels free to ignore basic rights is a threat to everyone. There are already reported cases of ICE arresting11 and even deporting12 US citizens.

Who is supposed to keep ICE in check? And how are they failing?

The entities charged with overseeing ICE have been defunded, undermined, left understaffed, or led by handpicked personnel sympathetic to the mission. For its part, the majority in Congress has fully supported the expansion of ICE and failed to exercise its oversight responsibilities. Some members of Congress7 have sought to provide oversight–for example, by visiting El Salvador to look into the wellbeing of Kilmar Abrego, who was wrongfully sent to a prison there. Others have attempted to provide oversight of the harsh conditions of detention facilities, but have been blocked by DHS.

  • Congress: The Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Homeland Security are responsible for providing oversight over the Department of Homeland Security, of which ICE is part.
  • DHS Office of Inspector General (OIG): Inspectors General are supposed to provide independent oversight of the agencies they are embedded in. Joseph Cuffari was appointed to this post by President Trump in his first term and has remained in this role despite calls for his removal11. He was also notably spared during Trump’s purge of inspectors general12 early in his second term.
  • Government Accountability Office (GAO): The GAO is the investigative arm of the U.S. Congress, but the very same budget bill that has increased ICE’s funding will also force major layoffs13 at the GAO.
  • Office of Immigration Ombudsman & Office of Civil Rights and Civil Liberties: President Trump has worked to eliminate14 or severely understaff15 the Office of Immigration Ombudsman and many posts16 in the Office of Civil Rights and Civil Liberties, which both play a role in overseeing ICE and immigration detention centers.
  • Federal courts: most immigration-related issues go before immigration judges17, administrative judges who are part of the Department of Justice. Some claims related to ICE have made their way to lower federal courts, which have issued rulings to protect basic rights from ICE, though the US Supreme Court has reversed some of those decisions.

This is not just a policy shift. It’s a warning sign of authoritarianism.

The massive increase in scale of ICE and its growing lack of accountability to anyone other than Donald Trump’s inner circle should alarm every American. History shows us that the creation of unchecked security forces18 that answer only to those in power is often a step that authoritarians take towards suppressing dissent and entrenching themselves in power.

Experts have identified common characteristics19 of secret police forces in authoritarian regimes across the world, from Germany in the 1930s to Venezuela today. These include among others:

  • Targeting political opponents and dissidents
  • Answering only to their leader, with few checks on their authority
  • Conducting their operations in secret
  • Engaging in abusive behavior, including arbitrary searches, arrests, interrogations, indefinite detentions, forced disappearances and torture.20

If left unchecked, ICE could be transformed into something far more dangerous than an immigration enforcement agency.

ICE is growing massively, with minimal checks on its actions, putting everyone’s rights at risk.

Help us build a movement to push back on rising authoritarianism and demand our representatives hold ICE and other executive agencies accountable.

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