THE PROBLEM WITH ICEThe One Big Beautiful Bill Made ICE Shutdown-Proof and Eroded Fiscal Norms
DHS is temporarily funded until February 13 – but whether the DHS is shut down or not, ICE and CBP will still be able to pursue their immigration crackdown largely undisrupted due to the One Big Beautiful Bill Act (OBBBA). By shifting immigration enforcement and defense spending outside the normal appropriations process, Republicans have short-circuited the system of checks and balances that restrain the growth and abuse of government power. The long-term result will be less oversight, weaker constraints on fiscal irresponsibility, and greater partisanship.
On February 2, Congress approved full-year appropriations for nearly every major federal agency, except the Department of Homeland Security (DHS), which is temporarily funded until February 13. Following the tragic shootings of Alex Pretti and Renée Good, Democrats have threatened to block full-year funding for the DHS unless Republicans agree to restrictions on Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Whether the DHS is shut down or not, ICE and CBP will still be able to pursue their immigration crackdown largely undisrupted due to the One Big Beautiful Bill Act (OBBBA).
The standoff highlights a more insidious trend in how Congress abdicates its responsibility to judiciously manage spending and taxation. By shifting immigration enforcement and defense spending outside the normal appropriations process, Republicans have short-circuited the system of checks and balances that restrain the growth and abuse of government power. The long-term result will be less oversight, weaker constraints on fiscal irresponsibility, and greater partisanship.
OBBBA Changed the Ballgame
Traditionally, defense, immigration, and border control agencies are funded through discretionary appropriations—an annual process in which Congress is supposed to reassess and adjust overall funding levels for roughly one-fourth of all government spending. Because Congress must affirmatively approve this category of spending every year, the appropriations process forces legislators to compromise.
Republicans changed the usual calculus last year when they passed the OBBBA on a party-line basis, which provided roughly $300 billion in new defense and immigration-related budget authority on top of the discretionary budget. Under the OBBBA, ICE received roughly $75 billion in new budget authority—seven times ICE’s typical annual budget of $10 billion. These funds remain available to the current administration whether Congress passes an annual budget or not.
Abdication of Congressional Oversight
Mandatory or direct spending—like what is included in the OBBBA—constitutes the majority of all federal government spending. This type of spending is not reviewed annually and primarily consists of entitlement programs like Social Security and Medicare. Over the decades, direct spending has made up a larger share of the overall budget, while the share of discretionary spending has shrunk (see the graph below). Importantly, the entirety of the long-term federal budget challenge is traceable to the growth of direct spending, particularly old-age retirement and health programs.
