Should ICE be Abolished & its Duties Transferred to Other Agencies? (H.R. 6361)

What is H.R. 6361?

(Updated July 24, 2019)

This bill would convene a commission of experts to provide Congress with a roadmap for abolishing the Immigration and Customs Enforcement (ICE) agency and transferring its functions to other relevant agencies within one year of this bill’s enactment. The commission would develop a new immigration enforcement regime that complies with international human rights laws and the U.S. Constitution. It’d provide recommendations for transferring ICE’s duties related to financial crimes, cybercrimes, trade fraud, human trafficking, and drug smuggling to other agencies. Congress would then consider those recommendations prior to the termination of ICE.

The commission would total 17 members, including 9 individuals from civil society and immigrant rights organizations; and two individuals appointed by each of the Speaker of the House, the House Minority Leader, the Senate Majority Leader, and the Senate Minority Leader.

Argument in favor

ICE has strayed too far from its original enforcement activities, ignored congressional oversight, and violated the human rights of those it’s detained. It should be abolished and its core duties transferred to other relevant agencies that still have the public confidence.

Argument opposed

ICE is a legitimate and necessary law enforcement agency that helps to keep criminal unauthorized immigrants and illegal drugs out of the country. Alternatively, it should be abolished and there should be no enforcement of immigration laws.

Impact

ICE personnel; relevant federal agencies; members of the Commission; and Congress.

Cost of H.R. 6361

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Mark Pocan (D-WI) introduced this bill to abolish ICE and transfer its duties to other federal agencies:

“President Trump’s blanket directive to round up and target all undocumented immigrants underscores the unchecked power which ICE has used to terrorize our communities. From conducting raids at garden centers and meatpacking plants, to targeting families outside churches and schools, the president is using ICE as a mass-deportation force to rip apart the moral fabric of our nation. Sadly, President Trump has so misused ICE that the agency can no longer accomplish its goals effectively. As a result, the best path forward is this legislation, which would end ICE and transfer its critical functions to other executive agencies.”

House Republicans introduced and passed a resolution expressing support for ICE, with Rep. Clay Higgins (R-LA) explaining:

“Some Democrats have launched an assault against ICE and other law enforcement agents who secure our borders. Their calls to abolish ICE are reckless and put our national security interests at risk. Americans support law and order and sovereign borders. ICE plays a crucial role for our nation’s security and their service should be respected.”

This legislation has the support of 8 cosponsors, all of whom are Democrats.

Media:

• Sponsoring Rep. Mark Pocan (D-WI) Press Release
  
• Countable
  
• USA Today