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Trump thought border policy would be a trap for Democrats. ICE proved him wrong.
February 03 2026, 08:00

For years, Republicans dared Democrats to criticize Immigration and Customs Enforcement, believing the politics of such an attack would backfire. 

Now, after national furor over a chaotic ICE surge in Minnesota, where federal immigration officers fatally shot two U.S. citizens, reportedly used a 5-year-old boy as “bait” and repeatedly deployed tear gas in residential neighborhoods, the challenge has flipped: ICE has become a political liability not for Democrats, but for Republicans. 

Criticizing it has moved from the province of the progressive fringe to the center of the Democratic Party, with congressional Democrats comfortably threatening to block government funding unless the agency is overhauled. Meanwhile, Republicans are scrambling for a way to regain the upper hand.

Democrats press the issue

“This version of ICE is brutal, is lawless, is acting in an inhumane way,” Sen. Chris Murphy, D-Conn., told MS NOW, articulating a position that was once considered politically risky within his party. “And so, when we win the election, yes, we are going to have to essentially strip down the existing domestic enforcement agency and rebuild something humane in its place.”

What has changed is not Democrats’ opposition to ICE — that has been consistent since Trump elevated the agency during his first term; what has changed is the political potency of that opposition, now amplified by growing unease among Republicans and the erosion of support even among Trump’s own voters.

Renee Good, a 37-year-old mother and wife, was shot and killed on Jan. 7 by an ICE officer. The Hennepin County Medical Examiner ruled her death a homicide. Alex Pretti, a 37-year-old intensive care nurse, was shot and killed on Jan. 24 by a Border Patrol officer. Federal authorities initially characterized the shooting as self-defense, citing the fact that Pretti had a gun holstered on his person. But video evidence shows him disarmed and restrained when he was shot. Both incidents have intensified scrutiny of Trump’s expanded enforcement operations.

Senate Minority Leader Chuck Schumer, D-N.Y., called ICE actions “lawless disorder” on the Senate floor on Tuesday. “What ICE is doing is state-sanctioned thuggery, and it must be stopped,” he said.

Democrats’ demands, which Schumer unveiled on Wednesday, include requiring agents to remove their masks and wear body cameras, tightening warrant requirements, ending roving patrols and enforcing a code of conduct comparable to policies for state and local law enforcement. The Stop Excessive Force in Immigration Act, introduced in November, would establish stronger regulations on how federal agents operate.

“We cannot in good conscience give the DHS, ICE and CBP specifically any more money without these accountability measures,” said Sen. Alex Padilla, D-Calif.

Democrats are also coordinating with state attorneys general to challenge what they characterize as illegal behavior by the Department of Homeland Security in federal courts. “We’re working with Democratic attorney generals across the country, and state and local authorities, to make sure that investigations occur, that the behavior that is illegal that we’re seeing coming out of the Department of Homeland Security is challenged,” House Minority Leader Hakeem Jeffries said.

How Trump made ICE a political target

ICE was formed on March 1, 2003, as part of DHS in the aftermath of the Sept. 11, 2001, attacks — a low-profile agency with a bureaucratic mission. Trump transformed it into something else entirely.

During his 2016 campaign, he made immigration enforcement not just a policy plank but a central narrative. ICE became the muscle that would deliver on promises of mass deportations and law and order. For Trump’s base, ICE became a symbol of strength. And in Trump’s second term, its role has become even more pronounced and political: It tweets photos of arrested undocumented immigrants, it memorializes raids in online hype videos, and it praises its agents as front-line warriors in a cultural conflict.

But by making ICE the face of immigration enforcement, Trump tied his administration to every misstep by the agency — every error, every viral outrage. 

Defending border security has been a popular conservative stance. Defending ICE specifically is proving much harder.

In a sign that attitudes may be shifting even among Trump’s supporters, a Fox News poll found that 59% of Americans view the president’s mass deportation campaign and ICE’s tactics as overly aggressive. A Politico poll found that 1 in 3 Trump voters agree with mass deportations but disapprove of how they are being carried out.

Republicans search for an exit

The political backlash has already forced tactical adjustments. After months attacking Minnesota Gov. Tim Walz, a Democrat, Trump adopted a more measured tone during a phone call last week.

“There’s definitely a more collaborative tone. I’m going to take them for their word right now,” Walz told Minnesota Public Radio after the call.

Border Patrol commander Gregory Bovino and some federal agents left Minneapolis on Tuesday. White House border czar Tom Homan was ordered to step in to stabilize and refocus an enforcement operation that has spun out of control. The president hinted at a “more relaxed” approach during a phone interview with ABC News.

Even some Republican allies have warned about the political costs. “Escalating the rhetoric doesn’t help, and it actually loses credibility. And so, I would encourage the administration to be more measured,” Sen. Ted Cruz of Texas said on his podcast last week. Florida state Sen. Ileana Garcia, a Republican and co-founder of Latinas for Trump, issued a stark warning that immigration could cost the GOP the midterms. Even Texas Gov. Greg Abbott, a Republican hard-liner on immigration enforcement, said it was time for the White House to “recalibrate” its approach.

A shift in public opinion

The growing unease reflects a broader pattern in American attitudes toward immigration enforcement. Americans want enforcement, polling has consistently shown, but not scenes of cruelty. They want order, but not chaos. A New York Times/Siena poll found that 6 in 10 Americans say ICE has gone “too far.” A CNN poll found that half of Americans think ICE is making cities less safe.

Former federal prosecutor Andrew Weissmann suggested that the two Minnesota shootings broke through partly because of who the victims were.

“These are two white people,” he said. “So much has happened to people who have been extracted with no due process, who have been shot, who have been thrown into planes and taken to foreign countries and imprisoned without due process. But the fact that these are sort of upstanding white people is part of the reason that it is breaking through.”

The incidents have also highlighted a shift in the places where militarized immigration enforcement occurs. Traditionally, such tactics were centered on the U.S.-Mexico border, with Customs and Border Protection handling most deportations. Between 2010 and 2020, almost 80% of all deportations were initiated at or near the border. During the pandemic, that figure rose to 98%.

In his second term, Trump has shifted enforcement northward, with ICE taking on a central role. Several major cities have seen ICE surges in recent months, including Los Angeles, Washington and Chicago. Federal agents have deployed tear gas, fired pepper balls and tackled bystanders. A push to double the ICE workforce, coupled with reduced training for recruits, has raised concerns about the qualifications of quickly deployed agents.

Social media has amplified the reach of these encounters, circulating real-time videos and firsthand accounts. Posts from ICE itself have pushed what were once localized incidents into the national spotlight.

What comes next

The White House has sought to project defiance. “Americans overwhelmingly want exactly what President Trump is delivering: strong borders and strict immigration enforcement against the worst illegal aliens,” press secretary Karoline Leavitt said on Monday, arguing that “polling shows huge support for this exact thing.”

But the administration’s actions suggest a more complicated calculation. Trump met with DHS Secretary Kristi Noem and her top aide Corey Lewandowski for almost two hours on Jan. 26 to discuss Minneapolis and how to move forward strategically, according to a White House official. While the president is looking for a strategy shift, he remains relatively fond of Noem, suggesting she may not be fired despite threats from some lawmakers to impeach her.

The debate about ICE is already proving consequential in negotiations over federal spending bills. With Democrats threatening to block funding and Republicans divided about how far to back the agency’s expanded powers, the issue threatens to become a flashpoint in both budget battles and elections.

Public attitudes toward immigration may also be shifting. In the period leading up to the 2024 election, a Gallup poll found that 28% of Americans viewed immigration as the nation’s most pressing problem. By December 2025, that figure had declined to 19%, suggesting that fewer Americans viewed it as a crisis.

Whether the moment produces lasting change remains uncertain. But for now, ICE — the agency Trump built into a symbol of his presidency — has become a problem he must manage, not a strength he can exploit.

Jake Traylor and Jack Fitzpatrick contributed to this report.

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