The Worst of the ICE Reform Demands

DHS funding (including FEMA and TSA as well as ICE and CBP) is at risk of running out this week as Congress debates ICE reforms. Some of the demands are legitimate calls for immigration agents to operate with a high level of professionalism and safety. Other demands would effectively halt enforcement in a variety of different scenarios. We have to recognize the difference.

The Worst of the Demands

Democratic Leaders Sen. Schumer and Rep. Jeffries released their 10 demands last week. While Leader Thune said the demands were “unrealistic and unserious,” several would prevent immigration enforcement outright, including:

• State and local veto power over enforcement “outside of targeted operations”
• Enforcement bans near schools, churches, medical facilities, courts, polling places, and more–turning entire urban areas into no-enforcement zones
• A ban on “stops, questioning, and searches” tied to location or job–effectively a day-labor sanctuary policy

They say the devil is in the details, but these broad strokes are bad enough.

One demand is especially dangerous: a vague call to “improve warrant procedures and standards.”

Here’s why that matters:

• Congress requires DHS to arrest and detain most criminal aliens. ICE starts by issuing detainers to jails.
• When local governments refuse to transfer custody, ICE must find those aliens in the community.
• Since 1952, ICE has used administrative warrants, as authorized by the Immigration and Nationality Act (INA).
• The INA also allows ICE to arrest removable aliens without a warrant in certain circumstances.

These authorities enable enforcement in real time. 
Requiring a judicial warrant for every arrest would grind immigration enforcement to a halt and clog our courts.

For a deeper dive, see Andrew R. Arthur’s analysis.

Americans Want Immigration Enforced Safely

Ruy Teixeira rounds up the the key polling amidst the DHS funding debate:

• A majority of Americans support deporting all illegal immigrants
• A majority supports ICE enforcing law
• A majority feel ICE has gone too far with its tactics

The most effective way to reduce the number of illegal immigrants is to encourage them to return home on their own. Congress and the Trump Administration could use tools like E-Verify to increase self deportations. There will be people who refuse to go, however, and ICE is the agency tasked by Congress for enforcing immigration laws in the interior of the United States. The polling is clear: Americans want ICE to do its job effectively and professionally.

Some of the demands we’re seeing would simply prevent ICE from doing its job.