Drain ICE Act of 2026
- Sponsor
- Rep. Ansari, Yassamin [D-AZ-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Feb 4, 2026
Bottom line
The "Drain ICE Act of 2026" seeks to eliminate specific federal funding streams for U.S. Immigration and Customs Enforcement by repealing and rescinding appropriations from a prior reconciliation act.
What it actually does
This bill, titled the "Drain ICE Act of 2026," proposes to repeal specific sections (90003 and 100052) of Public Law 119-21, known as the "One Big Beautiful Bill Act," which are understood to provide funding for U.S. Immigration and Customs Enforcement (ICE). Concurrently, it rescinds any unobligated balances of funds previously appropriated by these repealed sections, effectively defunding ICE operations as supported by that particular prior law.
Proponents argue
Proponents argue that the bill is necessary to uphold constitutional protections, human rights, and fundamental dignity in the administration of the U.S. immigration system. They contend that current ICE practices, particularly under the Trump Administration, have led to cruel and inhumane conditions in detention facilities, unlawful arrests of citizens and legal residents, and a disproportionate focus on immigration enforcement at the expense of other critical Department of Homeland Security missions. They highlight the rise in detention of individuals with no criminal record and concerns about profit-driven private contractors.
Opponents contend
Opponents would likely argue that defunding ICE would severely compromise national security and border integrity, leading to an inability to enforce immigration laws, deport dangerous criminals, and manage the influx of migrants. They would assert that ICE plays a critical role in maintaining public safety and that criticisms of its operations, while potentially valid in specific instances, do not warrant the complete removal of its funding, which they would view as an extreme and irresponsible measure that would create chaos at the border and within the country.
The bill is very short and straightforward, allowing for a quick and easy understanding of its core provisions.
Section 3
Repeal of ICE Funding Sections
This section explicitly repeals Sections 90003 and 100052 of Public Law 119-21, commonly known as the "One Big Beautiful Bill Act." These sections are identified as the source of funding for U.S. Immigration and Customs Enforcement (ICE), meaning their repeal would remove the legal authority for those specific appropriations.
Supporters argue
Proponents argue that repealing these sections is a necessary step to dismantle what they view as an abusive and misdirected immigration enforcement apparatus. They believe it will force a re-evaluation of immigration policies and lead to a more humane system, aligning with the bill's findings regarding human rights and constitutional protections.
Critics contend
Opponents would argue that repealing these funding sections would cripple ICE's ability to perform its essential functions, including border security, interior enforcement, and combating human trafficking. They would contend that such a move would create a dangerous vacuum in immigration enforcement, jeopardizing national security and public safety.
Tradeoffs
The tension lies between the desire to reform or dismantle an agency perceived as overreaching and inhumane, and the perceived necessity of that agency for national security and immigration law enforcement. It trades immediate enforcement capacity for a potential shift towards different immigration management paradigms.
Section 4
Rescission of Unobligated ICE Funds
This section mandates the rescission of any funds that were appropriated by the now-repealed Sections 90003 and 100052 of Public Law 119-21, but which have not yet been obligated or spent. This ensures that not only is future funding authority removed, but any existing unspent money from those specific appropriations is also clawed back to the Treasury.