DHS Part 2: Immigrations and Custom Enforcement (ICE)
Yesterday in my series analyzing Project 2025, I continued my analysis of their plans for the Department of Homeland Security under the leadership of Kristi Noem. Though, it should be noted that I recently updated that chapter to include the funding which has been allocated for U.S. Customs and Border Protection, as well as some that I believe went to the Office of the Secretary (which were the two topics covered yesterday). Today, as I continue my analysis, I will cover ICE; while also giving examples of these plans in motion.
The Department of Homeland Security – Secretary Kristi Noem
U.S. Immigrations and Customs Enforcement (ICE) – Todd Lyons, Acting Director
A federal law enforcement agency under the Department of Homeland Security, ICE is the agency tasked with protecting the United States from transnational crime and illegal immigration which threaten national security and public safety. As part of their law enforcement duties, ICE has two primary and distinct law enforcement components: Homeland Security Investigations (HIS) and Enforcement and Removal Operations (ERO). These primary components are supported by three other divisions: the Management and Program Administrator, the Office of the Principal Legal Advisor, and the Office of Professional Responsibility. Maintaining domestic offices throughout the United States and detachments at major U.S. diplomatic missions overseas, ICE personnel (special agents and officers) are not responsible for patrolling American borders (that is the role of CBP); rather, they are in charge of Immigrations and deportations, as well as customs (which take place at airports). Under the leadership of the Director of ICE, this agency fulfills their mission through the enforcement of more than 400 federal statutes which focus on immigration enforcement, preventing terrorism, and combating the illegal movement of people and goods into and out of the United States through points of entry. Though, Project 2025 states that since it’s formation, ICE has increasingly been tasked with auxiliary missions that have little or nothing to do with either immigration or customs enforcement. Therefore, they call on ICE to return to its primary mission.
Part 1: Needed Reforms
As with every chapter in Project 2025, the Heritage Foundation sets out policy proposals to reform each agency which we have discussed so far. For U.S. Immigrations and Customs Enforcement, they call on Secretary Noem and Acting Director Lyons to:
Order ICE to stop closing out pending immigration cases and apply the Immigration and Nationality Act (INA) as written by congress: Project 2025 claims that the Biden Administration closed out tens of thousands of immigration cases that had already been prepared and were slated for expedited removal proceedings or hearings before the U.S. Immigration Court. They state that this act was lawless and allowed thousands of illegal aliens and other immigration violators to go free in the United States. Therefore, they call on the Trump Administration to stop this practice.
Direct ICE to stop ignoring criminal aliens identified through the 287(g) program: The 287(g) program allows the Department of Homeland Security to deputize state and local law enforcement officers to enforce federal immigration laws. As part of their proposals, Project 2025 calls for ICE, prior to congressional action, should be directed to take custody of all aliens with records for felonies, crimes of violence, DUIs, previous removals, and any other crime that is considered a threat to national security or public safety under current laws. This has already been put into place, as seen through the raids in California.
Eliminate T and U Visas: T and U Visas are humanitarian-based immigration benefits which are available to victims of certain crimes in the United States. More specifically, the T visa is for victims of human trafficking, while the U visa is for other qualifying crimes which cause substantial physical or mental abuse. Though, they state that this may take time. Therefore, they call on the secretary to place limits on the eligibility for each visa in order to prevent fraud. Because what type of immigrant is really going to lie about being trafficked or abused? This will just make things harder for true victims to get these protections.
Issue Clear Guidance Regarding Detention and Bond for Aliens: This manifesto states that thousands of illegal aliens are allowed to bound out of immigration detention, only to disappear into the interior of the United States where many commit crimes and many others disappear, never to be hear from again. (Wouldn’t that be cause for investigation of another type? After all, what if that happens because of a crime committed by another?) Yet, I digress and continue with my analysis. As part of this reform, they also call for reform of the Alternatives to Detention (ATD) Program, which requires significant reform.
Prioritize National Security in the Student and Exchange Visitor Program (SEVP): A part of ICE, SEVP is the program in charge of managing foreign students and exchange visitors in the United States. Project 2025 states in it’s manifesto that the administration should end its current cozy deference to educational institutions and remove security risks from the program. This has already been done by the Trump Administration in their attacks on Harvard University, which they have barred from enrolling international students. They also call for the administration to reduce and limit the number of visas.
Project 2025 states that the aforementioned actions may be taken by the President through executive orders, as long as they are both lawful and appropriate (most of which issued under the Trump Administration thus far have not been). They also call on ICE to clarify who is responsible for enforcing its criminal and civil authorities, while also removing self-imposed limitations on its nationwide jurisdiction. This can be seen in their recent actions in California and their attacks on so-called sanctuary cities such as Chicago and New York City, where ICE have conducted more raids of late, which have also included the arrest of members of congress; see my post from June 12th: They’re Coming After the Opposition about their arrests of Senator Alex Padilla from California, as well as U.S. Representative La Monica McIver, who represents New Jersey’s 10th Congressional District (and who are both members of the Democratic Party and fierce opponents of everything which the Trump Administration has done thus far).
They're Coming After the Opposition
Today, it was Sen. Alex Padilla from California; two days ago, it was U.S. Representative LaMonica McIver.
Part 2: New Policies
U.S. national security and public safety interests would be well-served if ICE were to be combined with CBP and USCIS, which was previously stated in another post. Additionally, ICE/HIS, along with CBP should be full participants in the Intelligence Community. (pg. 142)
What this would mean is that the enforcement of immigration policies (as well as the Trump Administration’s inhumane arrests) would become part of the National Security Strategy of the United States, which may lead to ICE and other affiliated agencies working with them to operate in secret due to the administration’s invocation of national security secrets. I wouldn’t put it past them doing so, though this would be a time where I believe that even Republicans may object to them doing so. Though, this may also be in line with their push to take the administration of the immigration system out of the hands of the justice system and make it entirely up to the administration. This can be seen in the Trump Administration’s recent firing of 19 immigration judges over the course of one weekend.
Though, as part of the aforementioned policy change with regards to using the intelligence community as a way to implement ICE policies, Project 2025 states that:
The use of Blackies Warrants should be operationalized within ICE. These civil search warrants are commonly used for worksite enforcement when agents have probable cause that illegal aliens are employed at a business. This would streamline investigations. (pg. 142)
But, what exactly are Blackie’s Warrants? According to pg. 36 of Homeland Security Investigations’ Search and Seizure Handbook, which was published on September 14th, 2012, they are civil warrants which ICE may use for the purpose of searching out a suspected violation of immigration laws derives from the agency’s general statutory power to seek out and question illegal aliens. This could assist the administration to remove what they call self-imposed limitations on its nationwide jurisdiction, which include.
Homeland Security Investigations (HSI) Special Agents in the 1811 series should enforce Title 8 and 18 crimes as the biggest part of their portfolio
This includes alien smuggling, trafficking, and cross-border crime as defined under Title 8 and 18. This manifesto states that these titles should be the focus of ICE operations.
The Role of ICE Deportation Officers should be clarified – ICE Enforcement and Removal Operations (ERO) should be identified as:
Being primarily responsible for enforcing civil immigration regulations, including the civil arrest, detention, and removal of immigration violators anywhere in the United States, without warrant where appropriate, subject only to the civil warrant requirements of the INA where appropriate. This is concerning, as they would be untethered from the courts.
All ICE memoranda identifying “sensitive zones” where ICE personnel are prohibited from operating should be rescinded.
These “sensitive zones” include schools, medical facilities, places of worship, areas where children gather, and social service establishments. Since we have seen raids at these locations over the past couple months, I believe that this policy has already been implemented as part of the Trump Administration’s reforms of ICE Operations in the United States.
ICE should make full use of existing Expedited Removal (ER) authorities in order to maximize the efficient use of its resources.
Currently, the agency has limited use of ER to eligible aliens apprehended within 100 miles of the border; though, they state that this is not a statutory requirement.
The aforementioned policies (the last four which are not considered to be “new policies” for Project 2025) are all outlined on pg. 142 of the manifesto. Though, this section of the manifesto does not solely refer to the previous administration’s approach to immigration at the border; rather, they also talk about how the administration should conduct continuous vetting and investigations of many aliens who exploited President Biden’s open border for potentially nefarious purposes, including some Afghan evacuees sent directly to the U.S. during America’s disastrous withdrawal from Afghanistan. That is, the people who were already vetted by the administration twice-over: once before they worked with the U.S. military while they were in Afghanistan, and then once more before they were approved to come to the United States as part of the government’s withdrawal…which was planned and negotiated under the Trump Administration, who did not leave any plans for the departure from Afghanistan. Rather, all planning had to be done by Biden.
Part 3: The One Big Beautiful Bill Act
At the end of the section which describes the reforms which Project 2025 states need to be implemented at ICE, there are two proposals which they state should be included. I will list these first, prior to including what else has been included in the Bill.
Congress Should Mandate and Fund Additional Bed Space for Alien Detainees
ICE should be funded for a significant increase in detention space, raising the daily available number of beds to 100,000. Congress has done so in the OBBA in the following sections. As well, definitions which have been given as part of the OBBA will also be included with their relevant sections mentioned.
Sec. 90003(a): $45,000,000,000 for single adult alien detention capacity and family residential center capacity.
Sec. 90003(c): Defines family residential center as “a facility used by the Department of Homeland Security to detain family units of aliens (including alien children who are not unaccompanied alien children as defined in s. 462(g) of the Homeland Security Act of 2002) who are encountered or apprehended by the Department of Homeland Security
Congress Should Fund ICE for at least 20,000 ERO officers and 5,000 Office of the Principal Legal Advisor (OPLA) attorneys
The Office of the Principal Legal Advisor (OPLA) is the largest legal program in DHS with more than 1,700 attorneys and nearly 300 support personnel. This position is currently held by Charles Wall, the Principal Legal Advisor to Immigration and Customs Enforcement.
Sec. 100051: A portion of this funding can be used to hire 20,000 ERO Officers at the Department of Homeland Security (ICE) and 5,000 attorneys at the Office of the Principal Legal Advisor (OPLA). The total funds appropriated as part of this section of the law totals $2,055,000,000 and is available for use by ICE until September 30, 2029.
Total Appropriated for DHS Part 2: ICE - $52.06 Billion
Total Appropriated for DHS So Far: $59.2 Billion