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Can Democrats deliver on a promise to rein in ICE?

By Patrick Terpstra Nov 4, 2026 | 2:01 PM

A Scripps News viewer from the Detroit area texted this question to us when it became clear Democrats would control both the U.S. House and Senate next year:

What accountability measures will be put in place to ensure ICE agents who abuse their authority/violate constitutional rights are investigated and prosecuted?

While affordability and the economy propelled Democrats to victory, candidates also campaigned on a promise of being a check on ICE.

We have masked men in unmarked vehicles kidnapping people off our street, said James Talarico, hours after becoming the first Texas Democrat to win a Senate seat since 1988. We have to take action.

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Even with full control of Congress next year, Democrats will find their power to restrain ICE will have its limits.

Congress sets ICE spending levels and could withhold future funding, but under the One Big Beautiful Bill Act, Republicans approved major funding increases for the agency that will keep it with flush with money through the rest of President Trumps term. Any attempt to claw back dollars would almost certainly meet a presidential veto.

Democrats’ most powerful tool is likely to be their authority to direct investigations as the majority party in power. After their victory on election night, Democrats quickly made clear they planned to launch inquiries related to DHS and ICE.

LAWYER UP, posted the likely incoming chairman of the House Oversight Committee.

When former homeland security secretary Kristi Noem wrote on social media, “…we were too successful the first year of the trump administration, the Democrat on deck to lead the Senate Homeland Security Committee fired back, Want to say that under oath? ccing Noem senior adviser Corey Lewandowski.

For more than a year, the Scripps News ICE Inc. investigation has exposed DHS awarding lucrative immigration contracts to corporations, sometimes without opening up a standard competitive bidding process. The government deals have led to record revenues at for-profit companies, including owners of private immigration detention centers.

The GEO Group, owner of the most ICE lockups, poured more than $7 million into the election in an effort to keep Republicans in office.

Democrats ended up winning, and with subpoena power, could get to the bottom of who is behind some of the more obscure companies given taxpayer-funded contracts. That includes a deal worth more than $1 billion for Acqusition Logistics LLC, run out of a suburban house, to stand up the Camp East Montana detention center in Texas last year. Three detainees have died there, including one whose death was ruled a homicide.

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DHS on Wednesday accused Democrats of being more interested in political shenanigans than governing.

Rest assured, however, that we are well prepared to deal with this nonsense so Secretary (Markwayne) Mullin can continue focusing on protecting the homeland, said James Percival, DHS general counsel.

The White House will also be able to slow-walk investigations, attempt to defy congressional subpoenas and claim executive privilege, tactics used by presidents in the past to stall congressional inquiries.