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Abolish ICE

Abolish ICE: Where the Slogan Came From and What It Means

ICE was created on March 1, 2003, when Congress dissolved the INS. Abolish ICE asks Congress to do it again. The origin, the 2018 bill, and the numbers.

Mixed-media historical illustration of Abolish ICE, combining archival collage, neoclassical engraving, and pixel detail.

The story

#story

On March 1, 2003, the Immigration and Naturalization Service stopped existing. The Homeland Security Act of 2002 dissolved it, dissolved the U.S. Customs Service alongside it, and divided their work among three new agencies inside the new Department of Homeland Security: Citizenship and Immigration Services took the applications, Customs and Border Protection took the border and the ports, and Immigration and Customs Enforcement took the interior of the country. Abolish ICE asks Congress to do to ICE what it already did to the INS: end the agency by statute, then decide where the work goes.

That is the demand in one sentence, which is why it fits on a shirt. The rest runs through a tweet, a summer, a bill, and a set of numbers that has moved a long way since 2018.

What ICE actually does

The two agencies get confused constantly, so: CBP has the border and the ports of entry, and ICE has everywhere else. That is why ICE arrests happen at workplaces, courthouses, and front doors. Inside ICE are two operational arms. Enforcement and Removal Operations arrests, detains, and deports. Homeland Security Investigations is the criminal investigative side, working smuggling, trafficking, and financial crime. By the National Immigration Forum’s July 2018 accounting, ERO was running on $4.8 billion a year and HSI on $2 billion, out of an agency budget that had grown from $3.3 billion at founding to $7.5 billion in fifteen years.

What interior enforcement looks like in practice: on May 12, 2008, ICE agents raided the Agriprocessors meatpacking plant in Postville, Iowa and arrested 389 workers, about half the plant’s workforce in a single day. The United Food and Commercial Workers had been trying to organize the plant since 2005. The raid ended that drive and interrupted an Iowa Department of Labor investigation, which reported three months later that it had found 57 child labor violations at the plant and recommended prosecution. One day, one town, and a union drive that did not come back.

Congress has ended an immigration agency before

The INS was an assembled thing too. Executive Order 6166, signed June 10, 1933, merged the Bureau of Immigration and the Bureau of Naturalization into one service under the Labor Department. Roosevelt moved it to Justice in 1940, and it stayed there for sixty-three years, collecting critics the entire time.

Congress went looking for a fix in the 1990s. The U.S. Commission on Immigration Reform, chaired by former Representative Barbara Jordan, told Congress in its 1997 final report that “fragmentation of responsibility leads to conflicting messages from the various agencies [and] unnecessary delays in adjudication,” and recommended shipping legal immigration and naturalization processing to the State Department and worksite enforcement to Labor. A Congressional Research Service report updated May 1, 2002 laid out the bills then in front of the House, including the ones that would dismantle the INS outright. Congress dismantled it later that year in the Homeland Security Act, and a Republican president signed the bill.

That history is the argument’s floor, and Sean McElwee made it explicitly in 2018:

Moreover, abolishing it would only take us back to 2003, when the agency was first formed.

Where the slogan came from

McElwee, a researcher who went on to co-found the polling outfit Data for Progress, tweeted “Abolish ICE” on February 23, 2017. It drew 200 retweets, and BuzzFeed News later called it the first tweet with those words to take off. He argued the case at length in The Nation on March 9, 2018, and he was not asking for a new org chart:

But the goal of abolishing the agency is to abolish the function.

Then came the summer. On April 6, 2018, Attorney General Jeff Sessions sent a one-page memo directing federal prosecutors on the southwest border to adopt, in the memo’s words, “a zero-tolerance policy” toward every illegal-entry referral the Department of Homeland Security sent them. Prosecuting the adults meant taking the children who came with them. On June 20 the president signed an executive order directing DHS to stop separating families except where a parent was judged a risk to the child, and on June 26, U.S. District Judge Dana Sabraw issued a preliminary injunction ordering most separated families reunited within 30 days and children under five within two weeks. The HHS inspector general reported on January 17, 2019 that the department had “thus far identified 2,737 separated children who were in ORR’s care as of June 26, 2018,” that the refugee resettlement office “received and released thousands of separated children prior to the June 26, 2018, court order,” and that at least 118 more separated children arrived between July 1 and November 7, 2018.

June 26, 2018 was also primary day in New York’s 14th district, where Alexandria Ocasio-Cortez beat the incumbent, Joe Crowley, 56.7 percent to 43.3. Roll Call’s story that night listed Medicare for All and abolishing ICE among her signature positions. She had spent the closing weekend of the race at a child detention center in Texas rather than in New York. Her win put the phrase in front of an audience no Twitter argument reaches, and attached it to Ocasio-Cortez, a member of the Democratic Socialists of America who took office the following January as one of the first two DSA women elected to Congress.

Senators followed. On CNN’s Cuomo Prime Time in June 2018, Kirsten Gillibrand said ICE had “become a deportation force,” argued for separating criminal enforcement from immigration enforcement, and called to “reimagine ICE under a new agency with a very different mission.”

What the bill actually said

On July 12, 2018, Representative Mark Pocan introduced H.R. 6361, the Establishing a Humane Immigration Enforcement System Act, with eight cosponsors including Pramila Jayapal, Adriano Espaillat, Nydia Velázquez, and Yvette Clarke. It creates a “Commission to Study and Establish a Fair and Humane System of Immigration and Customs Enforcement,” gives that commission 180 days from its first meeting to report to Congress on where ICE’s functions should go, and sets a clock:

On the date no later than 1 year after the enactment of this Act, the U.S. Immigration and Customs Enforcement shall terminate.

FactCheck.org reviewed the proposals on July 3, 2018 and found the members calling for abolition were proposing to move ICE’s functions to other agencies rather than to stop enforcing immigration law. Seven members of Congress supported abolition at that point, five representatives and two senators. Pocan’s own pitch was administrative. Before ICE existed, he pointed out, about twenty different departments did this work.

Six days later the House Republican majority put Clay Higgins’s resolution supporting ICE on the floor and made everyone vote on it. H.Res. 990 passed 244 to 35 on July 18, 2018, with 133 Democrats voting present, Nancy Pelosi, Steny Hoyer, and James Clyburn among them.

The most interesting endorsement of a split came from inside the agency. In June 2018, nineteen special agents in charge at Homeland Security Investigations, by the Texas Observer’s count, wrote to Homeland Security Secretary Kirstjen Nielsen asking her to separate HSI from Enforcement and Removal Operations, because the association was wrecking their casework:

HSI’s investigations have been perceived as targeting undocumented aliens, instead of the transnational criminal organizations that facilitate cross border crimes impacting our communities and national security.

They wanted a reorganization rather than an abolition, and they wanted the same line drawn that Gillibrand had described on television that month.

The case against, from the woman who ran the agency ICE replaced

Doris Meissner was commissioner of the INS from 1993 to 2000 and is now at the Migration Policy Institute. Government Executive asked her about abolition in August 2018, and she did not think structure was the problem:

The issues being talked about now are fundamentally issues of policy and leadership, not structure.

Congress writes the immigration statutes and an agency enforces what it is handed, so in her account the fight over ICE is driven by “the policies it is being called upon to enforce.” Ur Jaddou, chief counsel of Citizenship and Immigration Services under Obama, told the same reporter that reorganization was “a red herring at the moment.” Both were describing the same trap: a new name over the same statute books.

The numbers moved

Congress went the other direction, hard. The reconciliation law signed July 4, 2025 appropriated more than $75 billion for interior immigration enforcement through September 30, 2029, including $45 billion for detention capacity and $29.9 billion for enforcement and deportation operations, with more than $70 billion more for CBP.

Detention followed the money. The Vera Institute of Justice, which rebuilds a daily detention record from ICE’s own data, found the population passed 73,400 people on a single day in mid-January 2026, a record, and that ICE was using 456 facilities in February 2026 while listing 220 on its website. TRAC, which analyzes the same underlying records, counted 65,765 people in detention on July 11, 2026, of whom 46,436, or 70.6 percent, had no criminal conviction. Human Rights Watch and Physicians for Human Rights counted 52 deaths in ICE custody between January 20, 2025 and June 4, 2026 in a June 25, 2026 report, 39 of them in the first twelve months, which they called the highest annual death toll since ICE was established in 2003.

Where the demand stands

Representatives Delia Ramirez and Yvette Clarke introduced the Melt ICE Act in late January 2026, days after Congress voted on January 22 to keep funding the Department of Homeland Security. FOX 32 Chicago described the bill as defunding ICE and its detention centers and redirecting the money to housing, health care, and community-based services.

The party that spent 2018 voting present has not resolved anything since. At the Democratic National Committee’s summer meeting in Austin, the resolutions committee advanced an abolition resolution 25 to 12, over objections from members who preferred reform. DNC member Marge Hoffa argued against running both:

We shouldn’t contradict ourselves by also introducing a resolution that would now call to abolish something that we have a well-established track record of calling to be drastically reformed.

The INS lasted seventy years, from an executive order in June 1933 to a statute that took effect in March 2003. ICE turned twenty-three this year with more than $75 billion appropriated through 2029. And on August 15, 2026, the Democratic National Committee passed a resolution to abolish ICE and a resolution to reform ICE on the same afternoon, both unanimously, both by voice vote.

Argue it

#argue

4 claims about Abolish ICE you can make out loud, the best case against each one, and the answer. Every number links to where it came from.

  1. Claim 1

    Undocumented immigrants are not driving crime. Texas's own arrest data says the opposite.

    The evidence

    Texas is the one state that checks and records immigration status for every person its police arrest. Researchers linked those Texas Department of Public Safety records to felony arrests from 2012 to 2018 and found native-born citizens arrested at roughly twice the rate of undocumented immigrants for violent crime, two and a half times the rate for drug crime, and more than four times the rate for property crime; for homicide specifically, undocumented immigrants were arrested at about half the native-born rate.

    Their best case

    DHS Secretary Markwayne Mullin announced on September 2, 2026 that ICE set a monthly arrest record for the third straight month, nearly 51,000 people in August 2026 and more than 3 million since the administration took office, saying the agency continues to "defend the homeland and protect the American people." A day earlier, announcing Operation Rotten Apple's 2,197 arrests in New York, he said the operation "made the Empire State safer."

    The answer

    The monthly arrest counts are real and Secretary Mullin's numbers check out against DHS's own releases. What they do not establish is the premise behind them, that undocumented immigrants are driving crime up enough to justify catching more of them. The largest linked dataset built to test that premise, immigration status matched to Texas's own arrest records over six years, found the opposite. If undocumented presence drove crime the way the record-arrest framing assumes, Texas's own police data would show it, and it does not.

  2. Claim 2

    Detention deaths climbed to a record while ICE was calling its own oversight adequate.

    The evidence

    Human Rights Watch and Physicians for Human Rights counted 52 deaths in ICE custody between January 20, 2025 and June 4, 2026, 39 of them in the first twelve months, which they called the highest annual death toll since ICE was established in 2003.

    Their best case

    ICE's own detention-management page describes its facility oversight as multilevel, saying "ERO monitors detention conditions through daily on-site compliance reviews to identify deficiencies, areas of concern, contract and facility issues, and to facilitate corrective actions," and states plainly that "detention is non-punitive," with every facility required to meet published national detention standards.

    The answer

    Daily compliance reviews and published standards are real; they did not prevent the deadliest year in the detention system's history from happening underneath them. Thirty-nine deaths in twelve months, inside a system ICE itself describes as reviewed daily and held to written standards, is the record those standards produced, not evidence they worked.

  3. Claim 3

    Splitting ICE's functions apart is not a hypothetical risk. Congress already ran that experiment once, on purpose.

    The evidence

    H.R. 6361 does not terminate ICE the day it might pass. It creates a commission, gives it 180 days from its first meeting to report on where ICE's functions should go, and only then starts a clock that runs a full year before the agency has to close. Congress ran a comparable split in 2002, dissolving the INS and dividing its work among USCIS, CBP, and ICE; that structure has now run for 23 years.

    Their best case

    Doris Meissner, who ran the INS from 1993 to 2000, told Government Executive in August 2018 that "almost any reorganization falls short of what goals and stated intentions were" and warned that dividing functions "might make coordination even more difficult." Tracey Valerio, a former ICE management head, warned that separating Homeland Security Investigations from enforcement "could be expensive," since finance, IT, and HR support would have to be rebuilt independently.

    The answer

    Meissner ran the agency being split apart and Valerio ran ICE's back office; both are describing real transition costs, not imagined ones, and the bill's own design answers them directly. H.R. 6361 puts a 180-day commission in front of the clock precisely so functions get assigned deliberately instead of overnight, the same sequencing problem Meissner is warning against. And the base case for what a split looks like has already run: the 2003 division of the INS into three agencies is the department still operating today, 23 years later, not a coordination collapse Congress had to reverse.

  4. Claim 4

    ICE's own account of its mission is national security. Most of the new money is building private detention beds.

    The evidence

    Of the more than $75 billion the July 2025 reconciliation law appropriated for interior enforcement through FY2029, $45 billion is earmarked for detention capacity, more than the $29.9 billion set aside for enforcement and deportation operations combined. The Vera Institute's dashboard, current through March 10, 2026, found 19 of ICE's 20 largest detention facilities are run by for-profit companies, part of 152 new facilities opened during the current administration across 39 states and 170 reopened previously unused sites.

    Their best case

    ICE's own "about" page says ERO's operations "target public safety threats, such as convicted criminal undocumented aliens and gang members," while Homeland Security Investigations runs the agency's national-security casework in smuggling, trafficking, and financial crime, meaning the structure already directs resources toward serious crime, not civil violations.

    The answer

    Representative Pramila Jayapal made the resource-allocation argument in August 2018, before any of these numbers existed: ICE was "contracting much of its work out to private, for-profit contractors that cost the taxpayers far more than is necessary" while "simply unable to do the work that is most necessary for national security... including investigating terrorism, drug smuggling, and trade fraud." The 2025 appropriation confirms the pattern with real dollars: detention capacity outdrew enforcement and deportation operations by more than $15 billion, and the facilities built with it are overwhelmingly run by the companies paid per person held, not by agencies doing the investigative work ICE names as its national-security mission.

What people get wrong

#wrong
The myth ICE is just a renamed version of the old INS.
The record

The Immigration and Naturalization Service was dissolved outright on March 1, 2003 under the Homeland Security Act of 2002, and its functions were split three ways: Citizenship and Immigration Services took the applications, Customs and Border Protection took the border, and ICE took the interior. ICE is one of three successor agencies, not the INS operating under a new name.

The myth ICE arrests happen at the border.
The record

ICE has no border jurisdiction. Customs and Border Protection works the border and the ports of entry; ICE's Enforcement and Removal Operations makes arrests in the interior of the country, at workplaces, courthouses, and homes, which is why deportation arrests show up far from any border.

The myth Everyone in ICE detention has a criminal record.
The record

TRAC's count, current as of July 11, 2026, found 65,765 people in ICE detention, of whom 46,436, or 70.6 percent, had no criminal conviction at all.

The dates that matter

#dates
  1. June 10, 1933 Executive Order 6166 merges the Bureau of Immigration and the Bureau of Naturalization into the Immigration and Naturalization Service.
  2. 1997 The U.S. Commission on Immigration Reform, chaired by Barbara Jordan, tells Congress the INS is fragmented and recommends splitting its functions across departments.
  3. March 1, 2003 The INS and the U.S. Customs Service are dissolved under the Homeland Security Act of 2002; their work is divided among USCIS, CBP, and ICE.
  4. May 12, 2008 ICE raids the Agriprocessors plant in Postville, Iowa and arrests 389 workers, ending a union organizing drive.
  5. February 23, 2017 Sean McElwee tweets Abolish ICE; BuzzFeed News later dates the slogan's spread to this post.
  6. March 9, 2018 McElwee argues the case at length in The Nation.
  7. April 6, 2018 Attorney General Jeff Sessions sends the memo ordering border prosecutors to charge every illegal-entry referral, the policy that produces the family separations.
  8. June 2018 Nineteen ICE special agents in charge ask Secretary Kirstjen Nielsen to split Homeland Security Investigations away from deportations.
  9. June 20, 2018 An executive order changes the separation policy; the HHS inspector general later documents separations continuing after it.
  10. June 26, 2018 Judge Dana Sabraw orders most separated families reunited within 30 days. Alexandria Ocasio-Cortez wins her primary the same day.
  11. July 12, 2018 Mark Pocan introduces H.R. 6361, which would terminate ICE within a year of enactment.
  12. July 18, 2018 The House passes a resolution supporting ICE, 244 to 35, with 133 Democrats voting present.
  13. July 4, 2025 A reconciliation law appropriates more than $75 billion to interior immigration enforcement through September 30, 2029.
  14. January 2026 ICE detention passes 73,400 people on a single day, a record, per the Vera Institute of Justice.
  15. August 15, 2026 The Democratic National Committee passes a resolution to abolish ICE and a resolution to reform ICE on the same afternoon.

Questions people ask

#faqs
What does abolish ICE mean?

It means ending Immigration and Customs Enforcement as an agency by act of Congress and reassigning its functions, the way the Homeland Security Act of 2002 ended the Immigration and Naturalization Service and split its work among three successors. The 2018 House bill, H.R. 6361, would have created a commission to recommend where ICE's functions should go and terminated the agency no later than one year after enactment. FactCheck.org, reviewing the proposals on July 3, 2018, found the sponsors were moving ICE's functions to other agencies rather than suspending immigration law.

When was ICE created?

March 1, 2003. The Homeland Security Act of 2002 dissolved the Immigration and Naturalization Service and the U.S. Customs Service and divided their work among Citizenship and Immigration Services, Customs and Border Protection, and Immigration and Customs Enforcement, all inside the new Department of Homeland Security. The INS itself dated to Executive Order 6166 of June 10, 1933.

What is the difference between ICE and CBP?

CBP works the border and the ports of entry. ICE works the interior of the country, which is why its arrests happen at workplaces, courthouses, and homes. ICE has two operational arms: Enforcement and Removal Operations, which arrests, detains, and deports, and Homeland Security Investigations, which runs criminal investigations into smuggling, trafficking, and financial crime.

Would abolishing ICE mean open borders?

The members of Congress who called for it in 2018 did not propose that, and FactCheck.org said so on July 3, 2018 after reviewing their statements. Their proposals moved ICE's functions to other agencies and left immigration law and border enforcement in place. Representative Mark Pocan's argument was administrative: before ICE existed, roughly twenty different departments handled the work.

Do Democrats still want to abolish ICE?

The party is split, on the record. At its summer meeting in Austin on August 15, 2026, the Democratic National Committee passed a nonbinding resolution urging congressional Democrats to abolish ICE and, the same afternoon, a resolution calling for ICE to be reformed. Both passed unanimously by voice vote.

The bookshelf

#bookshelf

Where to go next. Buy from an independent bookstore, or find it at your library for nothing.

  • Undocumented: How Immigration Became Illegal Aviva Chomsky, 2014 secondary

    How the status of "illegal" got invented, and who it has always served.

  • Dear America: Notes of an Undocumented Citizen Jose Antonio Vargas, 2018 primary

    A journalist's own account of living and working in the United States without papers, and the choice to say so in print.

  • The Deportation Machine: America's Long History of Expelling Immigrants Adam Goodman, 2020 secondary

    The apparatus ICE inherited goes back a century before Homeland Security existed.

  • Migrating to Prison: America's Obsession with Locking Up Immigrants César Cuauhtémoc García Hernández, 2019 secondary

    A law professor's history of how a civil violation of immigration law came to mean a cage.

  • Dispossessed: A Story of Asylum at the US-Mexican Border and Beyond John Washington, 2020 secondary

    Reporting that follows people through the system ICE and its counterparts actually run.

Wear it: Abolish ICE

#merch

Every design here links back to this page.

Sources

#sources

Primary sources

The documents themselves: laws, court opinions, speeches, letters, and the numbers from the agencies that count them.

  1. Congressional Research Service, "Immigration and Naturalization Service: Restructuring Proposals in the 107th Congress" (RL31388, updated May 1, 2002) (the Jordan Commission's 1997 recommendation and the bills to dismantle the INS)
  2. H.R. 6361, Establishing a Humane Immigration Enforcement System Act, 115th Congress (introduced July 12, 2018) (the bill text, including the commission and the one-year termination clause)
  3. Sean McElwee, "It's Time to Abolish ICE," The Nation (March 9, 2018)
  4. Letter from ICE Homeland Security Investigations special agents in charge to Secretary Kirstjen Nielsen (June 2018), first reported by the Texas Observer (text quoted here as reproduced in Reason's June 29, 2018 report)
  5. Julián Aguilar, "Federal government tells border prosecutors to adopt 'zero-tolerance' policy on immigration," The Texas Tribune (April 6, 2018) (text of the Sessions memo to southwest border prosecutors)
  6. HHS Office of Inspector General, "Separated Children Placed in Office of Refugee Resettlement Care" (OEI-BL-18-00511, January 17, 2019)
  7. Vera Institute of Justice, "Ten Things Vera's ICE Detention Trends Dashboard Reveals About ICE Detention Through March 2026"
  8. TRAC, Immigration Detention Quick Facts (data current as of July 11, 2026)
  9. Human Rights Watch and Physicians for Human Rights, "Dying in Detention: Rising Deaths in an Expanding US Immigration Detention System" (June 25, 2026)
  10. Michael T. Light, Jingying He, and Jason P. Robey, "Comparing crime rates between undocumented immigrants, legal immigrants, and native-born US citizens in Texas," Proceedings of the National Academy of Sciences 117(51) (December 22, 2020) (open-access PMC copy. Texas DPS arrest data, 2012 to 2018)
  11. DHS, "ICE's August Arrests Break Record for Number of Illegal Aliens Arrested" (September 2, 2026)
  12. DHS, "Secretary Mullin Highlights Success of Operation Rotten Apple: ICE Arrests Over 2,100 Illegal Aliens in New York" (September 1, 2026)
  13. U.S. Immigration and Customs Enforcement, "Detention Management" (ICE's own description of its compliance review process and detention standards)
  14. U.S. Immigration and Customs Enforcement, "About ICE"

Secondary sources

Written afterward, about the story.

  1. National Immigration Forum, "Fact Sheet: Immigration and Customs Enforcement (ICE)" (July 10, 2018) (ICE's creation, the ERO and HSI split, and the FY2018 budget figures)
  2. Steven Perlberg, "How 'Abolish ICE' Went From Twitter Slogan To Winning Over Progressives And Dividing Politics," BuzzFeed News (dates McElwee's first tweet to February 23, 2017)
  3. FactCheck.org, "Calls to Abolish ICE Not 'Open Borders'" (July 3, 2018)
  4. Southern Poverty Law Center, "Family separation: a timeline" (the June 20, 2018 executive order and the terms of Judge Sabraw's June 26 injunction)
  5. ABC News, "GOP forces House Democrats into 'gotcha vote' supporting ICE" (July 18, 2018) (the H.Res. 990 tally and the 133 present votes)
  6. Government Executive, "'Abolish ICE' and the Future of the Immigration Agency" (August 28, 2018) (source of the Doris Meissner and Ur Jaddou quotations)
  7. 10News (Scripps), "Democratic Sen. Kirsten Gillibrand calls for end of ICE" (her June 2018 remarks on CNN's Cuomo Prime Time)
  8. Labor Notes, "Immigration Raid Breaks Up Organizing Drive at Iowa Meatpacking Plant" (August 25, 2008)
  9. National Immigration Forum, "One Big Beautiful Bill Act: Immigration Provisions" (the July 4, 2025 appropriations for ICE and CBP through FY2029)
  10. The Washington Times, "DNC passes dueling ICE resolutions as establishment, insurgents clash" (August 15, 2026)
  11. FOX 32 Chicago, "Illinois congresswoman introduces 'Melt ICE Act' to dismantle immigration agency" (January 27, 2026)
  12. Roll Call, "Joe Crowley Defeated in Democratic Primary in New York" (June 26, 2018) (her positions as reported on primary night)
  13. Wikipedia, "Alexandria Ocasio-Cortez" (the certified primary margin and her DSA membership)
  14. Wikipedia, "United States Immigration and Naturalization Service" (Executive Order 6166, the 1940 transfer to Justice, and the 2003 abolition)