Congress Must Reclaim Control Of ICE’s $70–75 Billion Advance Funding

CONGRESS MUST RESCIND ICE’S ADVANCE APPROPRIATIONS IN H.R. 1 As your constituent, I urge Congress to rescind as much of ICE’s advance funding in H.R. 1 (often referred to as the “Big Beautiful Bill”) as is legally possible before it is obligated through long-term contracts and grants. Much of this funding remains unobligated, giving Congress a narrow but real opportunity to act before commitments become legally binding. ICE RECEIVED AN ESTIMATED $70–75 BILLION IN MULTI-YEAR FUNDING THROUGH FY2029 Independent analyses estimate that H.R. 1 provides ICE with roughly $70–75 billion in funding “to remain available until September 30, 2029,” spread across multiple years and provisions. In plain terms, this money is intended to permanently expand immigration enforcement capacity, including: (1) Approximately $14.4 billion for deportation transportation, including chartered removal flights, long-distance transfers between detention facilities, and transport from local jails into ICE custody. This funding enables a large, multi-year deportation logistics system once contracts are signed. (2) Approximately $7 billion for hiring, staffing, and overtime, allowing ICE to expand its enforcement workforce and sustain higher operational tempo beyond a single fiscal year. (3) Approximately $40–45 billion for detention facilities and bed capacity, including construction, expansion, and long-term contracts with private detention operators, allowing ICE to hold far more people for longer periods. (4) Approximately $2–3 billion for vehicles, aircraft, and other equipment, increasing ICE’s physical footprint and reach through fleet expansion and modernization. (5) Approximately $3–4 billion for enforcement technology and databases, including surveillance tools and case-management systems that determine who is identified, tracked, detained, and targeted for removal. (6) Approximately $650 million for 287(g) agreements, which deputize state and local law enforcement to perform federal immigration enforcement functions. (7) Approximately $1.3 billion for immigration prosecutors, expanding the Office of the Principal Legal Advisor so more removal cases can be processed and completed more quickly. (8) Approximately $2–3 billion for state and local participation, reimbursing jurisdictions for detention and enforcement activities tied to ICE operations. Once these contracts, facilities, staffing increases, and systems are in place, they are rarely scaled back, effectively locking in years of expanded enforcement capacity WITHOUT ANNUAL CONGRESSIONAL REVIEW. THE SCALE OF THIS COMMITMENT WARRANTS CAUTION AND OVERSIGHT Taken together, this represents one of the largest multi-year domestic law-enforcement funding commitments Congress has approved in recent memory. While immigration enforcement is a legitimate Federal responsibility, commitments of this size and duration typically warrant annual review and adjustment rather than being locked in years in advance. There are also significant tradeoffs. Funds committed in advance to detention and deportation are funds unavailable for other pressing national needs, including disaster response and FEMA readiness, public health preparedness, infrastructure resilience, education, and economic stability. CONGRESS MUST ACT BEFORE THESE FUNDS ARE FULLY OBLIGATED Once ICE obligates these funds through contracts and grants, rescission becomes far more difficult and costly. Even partial or phased rescission of unobligated balances would preserve Congressional authority and allow future funding levels to be reconsidered through the regular appropriations process. CONGRESS SHOULD: (1) Rescind unobligated ICE funds provided in H.R. 1 for FY2025–FY2029, in whole or in part. (2) Prohibit ICE from obligating remaining balances for new detention capacity, removal contracts, or 287(g) agreements without renewed annual approval. (3) Require detailed public reporting and independent GAO review of any remaining obligations. Thank you.