Opinion | To members of Congress: Reclaim your authority

ICE is not a rogue actor. It is an agency operating in the vacuum the legislative branch created.

February 4, 2026 at 6:36PM
Federal immigration agents arrest a protester in Minneapolis. (Alex Kormann/The Minnesota Star Tribune)

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To the members of Congress:

The American public is not confused about who controls federal agencies. The Constitution is explicit: Congress holds the power of the purse, the power to legislate and the power to oversee. When an agency like Immigration and Customs Enforcement (ICE) operates in ways that raise public concern — whether about priorities, transparency or basic civil‑liberties protections — the responsibility for correction does not fall on the courts or the executive branch. It falls on you.

For too long, ICE has functioned in a gray zone created not by lawlessness, but by legislative inattention. Congress has allowed broad statutory language, open‑ended appropriations and inconsistent oversight to shape an agency that is powerful without being clearly directed. That is not how a constitutional democracy governs enforcement power.

It is time for Congress to reclaim its authority.

1) Use the power of the purse with precision.

Appropriations are not symbolic. They are binding law. Congress can:

  • Fence off funds for specific programs.
    • Prohibit spending on practices that violate congressional intent.
      • Require compliance benchmarks before money is released.

        This is not “defunding.” It is governing. If ICE’s priorities do not reflect the will of the American people, Congress has the tools to correct course immediately.

        2) Conduct oversight that has teeth.

        Hearings and reports are not enough. Congress must:

        • Demand full transparency on detention conditions, contracting and enforcement patterns.
          • Subpoena information when necessary.
            • Require independent audits when red flags appear.

              Oversight is not antagonism — it is the mechanism by which a democracy ensures that enforcement power remains accountable to the public.

              3) Rewrite ICE’s mandate so it cannot drift.

              Much of ICE’s authority rests on statutes written for a different era. Congress can and should:

              • Define clear enforcement priorities.
                • Limit discretionary detention.
                  • Modernize the legal framework so ICE cannot self‑expand its mission.

                    Agencies do not get to decide their own purpose. Congress does.

                    4) Mandate transparency as a condition of funding.

                    No agency that wields coercive power should operate behind opaque walls. Congress can require ICE to:

                    • Publish data on arrests, transfers and outcomes.
                      • Disclose facility inspections and contractor performance.
                        • Make enforcement guidelines public rather than internal.

                          Transparency is not optional in a democracy. It is a safeguard.

                          5) Codify civil‑liberties protections.

                          Congress can ensure that ICE’s operations remain within constitutional boundaries by:

                          • Guaranteeing access to counsel.
                            • Limiting warrantless actions.
                              • Requiring judicial oversight for intrusive enforcement.
                                • Setting humane standards for detention.

                                  These protections are not obstacles to enforcement — they are the constitutional floor.

                                  6) Clarify the federal-local relationship.

                                  Congress can end the cycle of litigation and confusion by:

                                  • Defining when local cooperation is voluntary.
                                    • Prohibiting coercive funding threats.
                                      • Establishing clear, lawful pathways for collaboration.

                                        A coherent system requires coherent law.

                                        The path forward

                                        ICE is not a rogue actor. It is an agency operating in the vacuum Congress created. The remedy is not outrage or resignation — it is legislative action. Congress has every tool it needs: appropriations, oversight, statutory clarity, transparency mandates, civil‑liberties protections and federal-local rebalancing. The question is not whether Congress can reassert control. The question is whether it will choose to exercise the authority the Constitution already grants.

                                        The public is watching. The Constitution is clear. The responsibility is yours.

                                        Don Daher is a columnist for the Aitkin Age newspaper.

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                                        about the writer

                                        Don Daher

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