ICE After the Midterms: What the New Congress Can — and Can’t — Do

Honest answer: nothing changes tomorrow, and more changes in a few months than you’d think. ICE stays under the White House, but it just got a very inconvenient boss for money: Congress.

Why it matters: Voters sent a clear message on enforcement, and Democrats now hold subpoenas and the purse.

By the numbers (NBC News Exit Poll)

• 57% say Trump’s immigration enforcement has gone too far.
• 22% say it’s about right; 22% say it hasn’t gone far enough.
• Latino voters: 51% backed Harris in 2024; 62% backed House Democrats on Tuesday.

Yes, but: The same poll shows Republicans still hold the edge on immigration overall. Voters said “too far,” not “open the border.”

The big picture: three levers

1. Hearings and subpoenas. Rep. Robert Garcia, likely Oversight chair, plans to probe ICE and DHS “abuses” (NBC). In the Senate, Sen. Maggie Hassan, in line to chair Homeland Security, will focus on how DHS executes mass deportations, looking for “egregious” wrongdoing (Politico, citing a person familiar with her planning).
2. Secretary Mullin in the hot seat. Politico reported in October that Democrats were preparing to grill DHS Secretary Markwayne Mullin on agent conduct, body cameras and detention conditions.
3. Money. Per The Independent and Newsweek, some Democrats want to “claw back” billions from ICE; others want funding tied to rules — visible badges, body cameras, no masks, due process. Jeffries hasn’t committed to outright cuts. No party position yet.

Between the lines: what Congress can’t do

• It can’t cancel executive orders or stop an individual deportation.
• Any law reining in ICE faces a Trump veto.
• Immigration courts sit inside the Justice Department — the same administration.
• The new Congress doesn’t convene until Jan. 3. Raids and removals continue meanwhile.

What it means for immigrant families

If you have an asylum case, a removal case or a temporary status: don’t change your strategy because of an election. Carry your documents, know your rights, work with a licensed attorney. Political winds shift; filing deadlines don’t. One upside: public hearings often surface abuses that lawyers later use in court.

Our view

We think voters sent a clear signal: border order, yes; masks, raids and profiling, no. Democrats shouldn’t mistake that for “abolish ICE” — that slogan would hand Republicans the next election. The best answer is boring, bureaucratic and effective: cameras, badges, reporting requirements and money with strings. That’s what real oversight looks like.

What’s next

• Jan. 3: new Congress, new committee chairs.
• First DHS appropriations fight — watch for conditions on ICE funding.
• First hearing invitation to Secretary Mullin.

FAQ

Will ICE change right after the election? No. Congress convenes Jan. 3, and ICE answers to the executive branch.

Can Democrats cut ICE funding? The House controls spending, but laws need Trump’s signature or a veto override. No decision on cuts yet.

What should immigrants do now? Keep your case strategy and consult a licensed immigration attorney.

Read also

• Noncitizen Voting: ICE Arrests Green Card Holders
• ICE at Polling Places: What the Law Allows on Election Day
• Houston ICE Officer Indicted for Hitting Man With SUV

Sources

• NBC News Exit Poll — Many voters saw midterm election as a rebuke of Trump
• NBC News — National Exit Polls: Election 2026
• NBC News — Democrats win control of the House of Representatives with a vow to combat Trump
• Politico — Democrats are ready to run Congress — and investigate all things Trump
• Politico — Democrats plan to throw the gauntlet at Mullin in the next Congress
• The Independent — Politicians want to ‘claw back’ billions from ICE. Party leaders say, not so fast

By Sergey Danilov, American Panorama