ICE could release migrants from detention over budget shortfall

ICE could release thousands from detention over budget woes

A Senate bill that would have added funding failed to pass
Republicans have called for harsher border penalties and more enforcement
Some migrants would be deported and others released into the U.S.

Updated: Feb 15, 2024 / 04:21 PM CST

EAGLE PASS, TEXAS – FEBRUARY 03: An aerial view shows an immigrant group trying to cross the Texan border despite heightened security measures in Eagle Pass, Texas on February 03, 2024. Border Patrol moved migrants away from the Eagle Pass border of US-Mexico as a precautionary measure. (Photo by Lokman Vural Elibol/Anadolu via Getty Images)

(NewsNation) — Immigrations and Customs Enforcement told CBS it could release between 4,000 and 6,000 migrants from detention after Congress failed to pass a bill that would have given the agency additional funding.

The bipartisan border bill was negotiated in the Senate and included a number of changes to immigration policy as well as additional funding. The legislation would have made changes to asylum law and given the president authority to close the border if crossings reached a certain threshold.

The compromise also allotted $7.6 billion for ICE, with $3.2 billion of that for increasing detention capacity, something Republicans have been calling for.

President Joe Biden backed the bill despite Democrats traditionally opposing harsher immigration policies. Biden said if the legislation passed, he would have acted immediately to close the border.

However, Republicans, who have been calling for more action to be taken on the border, blocked the bill. House Republicans rejected the legislation for not going far enough. Former President Donald Trump called on Republicans to reject anything less than “perfect” legislation, undermining compromise negotiations that had been taking place in the Senate.

The collapse of the bill led to speculation that Republicans objected to the legislation because the border crisis is too valuable as a campaign tool.

A high number of crossings led ICE to have a $1 billion shortfall for fiscal year 2024, which began in October. In an internal memo, the agency said it would have to make cuts to many areas, including enforcement and removal efforts.

Migrant crossing reached an all-time high in December but fell by about half in January, something attributed to seasonal trends and actions taken by Mexican authorities to crack down on migration.

While some released migrants would be deported to their home countries, others would likely be released into the U.S. That would be a blow to the Biden administration’s effort to impose consequences on migrants who are ineligible for asylum and who cross illegally into the U.S.

It would also be contrary to calls from Republicans and lawmakers in border states that have objected to “alternative to detention” programs and called for more detention for those crossing illegally.