Democratic victories in the midterm elections have intensified demands for limits on federal immigration enforcement, but the incoming Congress will confront an agency with substantial funding already available. Congress awarded ICE and Customs and Border Patrol around $240 billion in 2026, enough to sustain the mass deportation operation through the rest of President Trump's term. ICE is the country's highest-funded federal law enforcement agency.
The shift was particularly striking in Texas, where Democrat Gina Hinojosa became the first Latina elected governor. Voters also chose the state's first Democratic U.S. senator in nearly four decades and flipped the Texas House of Representatives. Before the election, hundreds of people placed voting stickers at a memorial for Lorenzo Salgado Araujo, a Houston man killed by federal immigration agents earlier this year. His son, Ronaldo Salgado, said incoming lawmakers now have a responsibility to respond to voters.
Exit polling identified immigration policy as a leading concern. Counties along the U.S.-Mexico border that backed Trump in 2024 switched to Democrats. Artemio Muñiz of the Texas Federation of Hispanic Republicans told NPR that Hispanic voters had grown frustrated with anti-immigrant policies. He said Republican outreach must include a reasonable immigration solution, combining secure borders with a legal pathway for undocumented immigrants who have lived in the country for decades.
Advocates are pressing Hinojosa to end Texas' partnership with ICE. César Espinosa, executive director of the Houston advocacy group FIEL, said that could happen immediately upon her taking office. His organization also wants the governor-elect and state lawmakers to pursue driver's licenses for undocumented immigrants. Houston's mayor is already scaling back police cooperation with ICE, while advocates nationally are calling for the agency's funding to be withdrawn or its operations sharply restricted.
Congress could reclaim immigration enforcement funding, and Democrats are preparing oversight efforts. Rep. Robert Garcia of California, expected to lead the House oversight committee, has pledged to investigate ICE accountability. Rep. Bennie Thompson of Mississippi, likely to chair the House Homeland Security Committee, wants legal requirements for agents to wear body cameras and a prohibition on face coverings. Trump presents a major obstacle to legislation: after the results, he said he would welcome being called “Mr. Veto.”
The administration has also elevated a central figure in its deportation agenda. On Friday after the elections, Stephen Miller was promoted from White House deputy chief of staff to chief of staff, replacing Susie Wiles. Miller is considered the architect of the first Trump administration's child separation policy. NPR also reported that he was deeply involved in efforts to convert large warehouses into immigration detention facilities.
Naureen Shah of the ACLU said congressional subpoenas could be a powerful means of changing ICE's behavior by exposing officials to public questioning and the prospect of losing funding. She also connected enforcement to economic pressures, saying fear of going to work or taking children to school affects families, educators and the labor force.
The administration has pledged to maintain deportations. Homeland Security Secretary Markwayne Mullin posted “Deportations will continue” the day after the elections. Vice President JD Vance attributed Republican losses to concerns about the economy, inflation and the war with Iran, leaving immigration enforcement off his list. He expressed openness to targeting businesses employing undocumented workers but rejected immigration amnesty.
Detention facilities could face additional scrutiny following billions of dollars in expansion spending, criticism of conditions and a record number of detention deaths since Trump's second term began. During CoreCivic's investor call after the election, President Lucibeth Mayberry pointed to increased ICE enforcement and secure funding. She also urged the agency to act quickly on purchasing additional detention centers.
