Four times President Donald Trump has declared bankruptcy in some of his businesses. What does it mean? He knows about that. Now it seems that ICE will follow the same direction.
President Trump’s immigration crackdown is burning through cash so quickly that the agency charged with arresting, detaining and removing unauthorized immigrants could run out of money next month.
Immigration and Customs Enforcement (ICE) is already $1 billion over budget by one estimate, with more than three months left in the fiscal year. That’s alarmed lawmakers in both parties — and raised the possibility of Trump clawing funds from agencies to feed ICE.
Lawmakers say ICE’s parent agency, the Department of Homeland Security (DHS), is at risk of violating U.S. law if it continues to spend at its current pace.
That’s added urgency to calls for Congress to pass Trump’s “Big Beautiful Bill,” which could direct an extra $75 billion or so to ICE over the next five years.
It’s also led some legislators to accuse DHS and ICE of wasting money. “Trump’s DHS is spending like drunken sailors,” Sen said. Chris Murphy (D-Conn.), the top Democrat on the DHS appropriations subcommittee.
ICE’s funding crisis is being fueled by Trump’s team demanding that agents arrest 3,000 immigrants a day — an unprecedented pace ICE is still trying to reach.
Its detention facilities — about 41,000 beds — are far past capacity as DHS continues to seek more detention space in the U.S. and abroad.
The intrigue: If Trump’s big bill isn’t passed soon, he could use his authority to declare a national emergency to redirect money to ICE from elsewhere in the government — similar to what he did in 2020 to divert nearly $4 billion in Pentagon funds to his border wall project.
“I have a feeling they’re going to grant themselves an exception apportionment, use the life and safety exception, and just keep burning money,” a former federal budget official told Axios.
“You could imagine a new emergency declaration that pertains to interior enforcement that would trigger the same kind of emergency personnel mobilization statutes,” said Chris Marisola, a professor at the University of Houston Law Center and a former lawyer for the Defense Department.
“These statutory authorities authorizing the president to declare emergencies” … unlock “a whole host of other authorities for these departments and agencies [that] are often written incredibly broadly and invest a lot of discretion in the president,” Marisola added.
