What is ICE and What Powers Do They Have?

ICE arrests have doubled since Donald Trump returned to the White House in January 2025. The agency—U.S. Immigration and Customs Enforcement—marked its 20th anniversary this year, having been created under the Homeland Security Act of 2002 in the aftermath of the September 11 attacks.

Under the current administration, ICE has received a $76.5 billion funding boost aimed at accelerating deportations, placing the agency at the center of Trump’s renewed crackdown on undocumented immigration. But the expansion of ICE’s power has also intensified public scrutiny. Nationwide protests erupted following the deaths of Renee Nicole Good and Alex Pretti, with critics condemning the force used by ICE agents and questioning the agency’s authority to detain, search, and arrest suspected undocumented immigrants.

What Is ICE?

U.S. Immigration and Customs Enforcement is the federal law enforcement agency responsible for enforcing laws related to immigration, customs, trade, and border security. ICE officially began operations in March 2003, following the merger of investigative divisions from the former U.S. Customs Service and the Immigration and Naturalization Service.

While ICE itself is relatively young, its mission draws on more than two centuries of federal immigration and customs enforcement. In the wake of 9/11, Congress granted the agency expanded civil and criminal powers to safeguard national security and public safety.

Today, ICE employs more than 20,000 law enforcement officers and support staff across over 400 offices in the United States and abroad. The agency operates on an annual budget of roughly $8 billion, distributed across four primary divisions:

Homeland Security Investigations (HSI)
Enforcement and Removal Operations (ERO)
Office of the Principal Legal Advisor (OPLA)
Management and Administration (M&A)

ICE’s Legal Authority in the United States

ICE agents wield broad authority to enforce immigration laws nationwide, operating under more than 400 federal statutes governing immigration enforcement, detention, counterterrorism, and the prevention of illegal trade and movement.

A cornerstone of this authority is Section 287(g) of the Immigration and Nationality Act, which allows ICE to delegate immigration enforcement powers to state and local law enforcement agencies. As of January 2026, ICE has signed 1,373 Memorandums of Agreement across 40 states. These include 151 Jail Enforcement Models, 457 Warrant Service Officer programs, and 765 Task Force Models.

Although ICE agents can arrest and detain individuals suspected of immigration violations, their powers are not unlimited. The Fourth Amendment protects all individuals—including undocumented immigrants—from unreasonable searches and seizures. Agents may question individuals in public spaces, but judicial warrants are generally required to enter private residences.

Recent policy changes, however, have expanded ICE’s reach. A 2025 internal memo authorizes agents to enter homes without consent using administrative warrants when final removal orders are in place. In addition, recent Supreme Court rulings have broadened ICE’s discretion to consider ethnicity as a factor in establishing reasonable suspicion.

ICE has also drawn criticism for employing deceptive tactics, known as “ruses,” in which agents conceal their identity to gain consent for entry or collect information. Civil rights organizations argue these practices undermine due process and erode constitutional protections.

Protests and Public Backlash

The fatal shootings of U.S. citizens Renee Nicole Good and Alex Preeti by ICE agents in Minneapolis triggered widespread protests across the country in January. Public opinion has shifted sharply against the agency: 63% of voters now disapprove of ICE’s performance, and 61% believe its enforcement tactics have gone too far.

Minneapolis–St. Paul International Airport became a flashpoint when law enforcement arrested approximately 100 clergy members protesting airlines that transport ICE detainees. According to YouGov polling, the nation remains deeply divided over these demonstrations. While 49% of Americans support the protests, backing is heavily partisan—79% among Democrats compared to just 20% among Republicans.

Data from the ACLU further highlights opposition to aggressive enforcement measures. Fifty-five percent of voters oppose mass ICE raids, and an overwhelming 84% support the public’s right to safely observe, record, and document ICE operations. The protest movement has also affected local businesses, with some restaurants reporting revenue declines of up to 30% and bakeries displaying signs reading “ICE Out.”

Conclusion

ICE’s authority has expanded dramatically under the current administration, marking the most significant shift in U.S. immigration enforcement policy in more than a decade. Yet the agency faces growing public resistance. Nearly two-thirds of Americans disapprove of ICE’s methods, and the deaths of Renee Nicole Good and Alex Preeti have intensified protests in major cities nationwide, signaling that tensions surrounding immigration enforcement are far from easing.