Odette CaplanThe U.S. Senate passed a $70 billion funding bill for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) on June 5, 2026, by a vote of 52-47, with no Democratic support. The bill funds both agencies for three years — through the end of the current presidential term — and moves to the House for a final vote expected imminently.
What Is in the $70 Billion ICE and Border Patrol Bill?
The bill appropriates nearly four times the combined annual budgets of ICE and CBP. It authorizes three years of operations without policy restrictions or independent oversight mechanisms — a design that Democrats attempted to change through a series of amendments, all of which were defeated along party lines.
One of the most contested provisions involves a presidential settlement fund with no spending limits. Critics argue the fund could be used to compensate political allies who claim government persecution. Proponents argue it gives executive agencies flexibility in managing litigation outcomes.
The bill comes after a partial DHS shutdown that began in mid-February 2026 following demands for increased enforcement authority in the aftermath of January shootings involving federal agents. Republican House leadership has signaled the chamber will not take up other legislative priorities until the ICE and CBP funding measure is signed into law.
What Does Expanded ICE Funding Mean in Practice?
Funding alone does not change the law. ICE's legal authority to investigate, detain, and initiate removal proceedings remains governed by existing statutes and constitutional protections. But $70 billion provides the operational capacity for significantly expanded enforcement activity: more agents, more detention beds, more processing capacity, and faster deportation proceedings.
Historical precedent from previous enforcement surges suggests that expanded funding correlates with:
- Higher numbers of interior enforcement operations, including workplace raids and neighborhood sweeps
- More rapid processing of immigration court dockets
- Expanded use of expedited removal procedures that bypass standard immigration court hearings
- Increased coordination between ICE and local law enforcement in jurisdictions that participate in federal partnerships
For immigrants and their families — regardless of documentation status — understanding their legal rights before an encounter with federal agents is essential. The Executive Office for Immigration Review administers the nation's immigration courts and provides information on proceedings and appeals.
Who Is Most Affected by Expanded ICE Enforcement?
Enhanced enforcement capacity affects different populations in different ways:
Undocumented immigrants face the most direct risk: ICE can initiate removal proceedings against individuals without lawful status. Expanded capacity means more individuals may be detained and processed simultaneously.
Visa holders — including work visa, student visa, and tourist visa holders — can face removal if they violate the terms of their status or overstay their authorized period. With faster court processing, errors in status compliance can move from administrative issue to formal proceedings quickly.
Green card holders with criminal records face deportation risk for certain categories of offenses, including crimes classified as "aggravated felonies" under immigration law. The list is broader than most people realize and includes some misdemeanors.
U.S. citizens are not subject to deportation but can be affected if family members face proceedings. Employers may also face scrutiny during workplace enforcement operations.
As we reported when Stephen Miller's 2026 immigration enforcement directives were announced, the current enforcement posture is among the most aggressive in recent history. And as legal challenges to deportation practices have demonstrated in cases involving U.S. residents sent to foreign detention facilities, the stakes of an immigration proceeding can be extraordinarily high.
Your Legal Rights During an ICE Encounter
Constitutional protections apply regardless of immigration status. Knowing them before an encounter — not during it — is critical.
You have the right to remain silent. You are not required to answer questions about your immigration status, country of birth, or how you entered the United States. Politely stating "I am exercising my right to remain silent" is sufficient.
You have the right to refuse consent to a search. ICE agents may not search your home without a judicial warrant signed by a judge. An ICE administrative warrant (Form I-200 or I-205) does not authorize entry into a home over your objection.
You have the right to an attorney. In immigration proceedings, the government is not required to provide one, but you may hire your own. Connecting with an immigration attorney before any potential encounter is far more effective than attempting to do so during or after one.
You have the right to appeal. Even if a removal order is issued, there are appeal pathways through immigration courts and federal circuit courts. Deadlines are strict, and missing them can waive your appeal rights permanently.
Document every interaction. Record the names and badge numbers of agents involved, the date and time, what was said, and whether consent was given to searches. This documentation can be critical in appeal proceedings.
When to Consult an Immigration Lawyer
If any of the following apply to your situation, consulting an immigration attorney now — before enforcement activity reaches you — is strongly advisable:
- You or a family member has a pending immigration case or removal order
- You are on a work, student, or other nonimmigrant visa and are uncertain about your compliance
- You have a criminal record, even a minor one, and hold a visa or green card
- Your employer is in an industry that has historically been targeted in workplace enforcement operations (construction, agriculture, food processing, hospitality)
- You have family members with varying immigration statuses living in the same household
The $70 billion in new enforcement capacity does not change your underlying legal rights — but it does increase the probability that those rights will be tested. Legal preparation is the most practical response to an enforcement environment that is changing rapidly.
On ExpertZoom, you can connect with immigration lawyers who specialize in removal defense, visa compliance, and family-based immigration — and get a consultation without the weeks-long wait of a traditional referral.
This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Consult a licensed immigration attorney for guidance on your individual situation.
