Skip Navigation
ICE officers and ICE police-style car
Universal Images Group/Getty
Expert Brief

ICE and Customs and Border Protection Budgets to Exceed $200 Billion

Without congressional action, the money will allow the Trump administration to carry out its immigration crackdown unimpeded.

June 25, 2026
ICE officers and ICE police-style car
Universal Images Group/Getty
June 25, 2026

Congress surrendered its most powerful check over the Department of Homeland Security earlier this month when it added $70 billion for immigration enforcement to the agency’s already massive budget. The money will allow the department to continue the Trump administration’s mass deportation strategy that has included locking up immigrants who pose no public safety threat, as well as mass surveillance of both immigrants and citizens. The policies getting this unprecedented level of funding have also led to dozens of deaths during enforcement actions by Customs and Border Protection and Immigration and Customs Enforcement, as well as in detention.

But Congress can act to regain its power. Earlier this year, Democratic legislators successfully blocked more funding for DHS, demanding reforms to ICE and CBP in the wake of the killing of U.S. citizens Renee Good and Alex Pretti in Minneapolis. That dispute led to the longest government shutdown in history and ended with a bill that funded only the non-immigration parts of DHS.

Now, Republican leaders have skirted the budget process by using a procedural tool called reconciliation. The move allowed the bill to pass the Senate with 51 votes instead of the 60 needed to overcome a Democratic filibuster during budget negotiations. The $70 billion that the budget granted is more than the budgets for all other federal law enforcement agencies combined, including the FBI, the Drug Enforcement Administration, and the U.S. Marshals Service.

The 2026 reconciliation bill, dubbed the Secure America Act, gives DHS until September 2029 to spend the money. Over half the new funds will go to ICE, which will receive nearly $39 billion for a wide range of enforcement operations, including additional hiring, facilities, and arrests. For comparison, 70 percent of the world’s countries have an annual budget of less than $39 billion.

The funding also supports further expansions of controversial 287(g) agreements — named for the section of the law that authorizes them — that enlist local police to help ICE with immigration enforcement. And it bars ICE from using the money for programs that would reduce the number of immigrants in detention, such as parole, check-in apps, or ankle monitors.

ICE isn’t the only part of DHS that received a massive funding boost. Congress also gave CBP $26 billion to hire more personnel and conduct immigration enforcement, as well as to expand air, sea, and border surveillance. But many of CBP’s activities have raised concerns. Legislators questioned CBP’s harsh tactics at the border. CBP official Greg Bovino led officers in Chicago, Los Angeles, and Minneapolis with force that “shocks the conscience,” according to one federal judge. CBP officers killed Pretti, and the details about any federal investigation remain murky, with federal officials refusing to share information with state officials. For its part, Congress made it harder to hold the agency accountable by giving up the authority to condition future funding on reforms.

The Secure America Act also includes an additional $5 billion for the secretary of homeland security. Half of that money does not have any constraints, giving the secretary unusually unfettered discretion over what is essentially a $2.5 billion slush fund. The other half will go to support the secretary’s further exercise of his general authorities. It remains unclear what all the secretary will do with the money, but those authorities include vague terms such as “controlling records.” Such records could include a wide range of information held about noncitizens and Americans, including data that some states use to check voter eligibility. The secretary also has the power to authorize state and local law enforcement to support DHS duties if he determines there is “an actual or imminent mass influx” of immigrants.

These new funds aren’t necessary. In the July 2025 reconciliation bill, called the One Big Beautiful Bill Act, Congress gave DHS $170 billion. Much of that money has not been spent. According to the most recent data, ICE and CBP had a combined $118 billion unspent in April 2026. With the additional $65 billion for ICE and CBP in the Secure America Act, the agencies now have $183 billion available.

Congress isn’t stopping there. The House Appropriations Committee just approved an additional $28 billion for ICE and CBP for fiscal year 2027, which starts this fall. That would push available funds over $200 billion.

Even if ICE and CBP evenly spread the reconciliation funds in the Secure America Act and the July 2025 reconciliation through their expiration in September 2029, the combined budgets of ICE and CBP will have more than tripled since 2021.

The upshot for the administration is that it can turbocharge its immigration crackdown for the remainder of President Trump’s term. DHS Secretary Markwayne Mullin said that the department will be “more quiet” but that the department isn’t backing down from its mass deportation push. White House “border czar” Tom Homan summed it up more bluntly: “You ain’t seen s*** yet.”

ICE has already greatly expanded detention capacity through private contracts and increased investment in detention facilities. Barring ICE from using funds for cheaper and more humane alternatives to detention means even more people — including children and families — will be locked up. At least 50 people have died in immigration detention since Trump returned to office, the deadliest period in ICE’s history.

The funding will also allow DHS to continue to build surveillance capabilities that facilitate indiscriminate collection of information about Americans as well as immigrants. The agency has spent more than $2 billion on technologies to track dissenters as well as immigrants, including social media monitoring systems, cellphone location tracking, facial recognition, and remote hacking tools.

Still, it’s not too late for Congress to act. It can take back any unspent funds it previously authorized. By regaining control of the purse, Congress can make sure DHS doesn’t get more money until it makes much-needed improvements.

After Congress claws back the excessive funding, a first condition for future appropriations should be to require DHS to rebuild and strengthen accountability offices it destroyed, including the ombudsman offices for immigration detention and citizenship and immigration services and the Office for Civil Rights and Civil Liberties. To make them more effective, Congress can also pass new legislation giving those offices enforcement authority.

An additional accountability move would be to ensure federal officials are held responsible for abusive actions that violate the Constitution. Congress can take that step by passing the Bivens Act. The bill would close a loophole in the law to give victims the ability to file civil lawsuits for harm by federal officials, including ICE and CBP agents.

Rather than standing on the sidelines as DHS detains tens of thousands of immigrants in overcrowded facilities with poor conditions, Congress should require that DHS release people who pose no public safety threat, which includes the vast number of people currently held in immigration jails. People should not be deprived of their liberty unless there is a need to protect the community, especially where there are more humane alternatives.

Congress must also prevent ICE and CBP from using funding for tools that collect or maintain information about people engaging in First Amendment–protected activities such as recording federal officers or protesting government policies. It should also require DHS to publish information about the technologies it has purchased or is otherwise using.

James Madison called Congress’s spending power “the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people.” Congress shouldn’t have given up that weapon. It can and must reassert itself.