Stephen Prager is a staff writer for Common Dreams.
Amid the latest budget standoff in Congress, Senate Democrats on Wednesday said they may be willing to make a deal to fund the US Department of Homeland Security in exchange for a slate of 'reforms' designed to rein in what Senate Minority Leader Chuck Schumer described as Immigration and Customs Enforcement's 'state-sanctioned thuggery.
' But just because something is written in law doesn't mean ICE agents will follow it.That's what Chief Judge Patrick J. Schiltz of the US District Court in Minnesota—a conservative jurist appointed by former President George W. Bush—demonstrated when, as part of an order issued Wednesday, he published a list of nearly 100 court orders ICE has violated in just the month of January.Schiltz issued the list as part of an order canceling a hearing for acting ICE Director Todd Lyons, whom he’d previously ordered to appear in court on Friday or face contempt. The judge demanded Lyon's personal appearance after ICE ignored the judge’s order to give a bail hearing to a detainee, Juan Hugo Tobay Robles, one of “dozens of court orders with which respondents have failed to comply in recent weeks.” Schiltz canceled Lyons’ hearing when Robles was released from custody.'That does not end the Court’s concerns, however,' Schiltz wrote on Wednesday. 'Attached to this order is an appendix that identifies 96 court orders that ICE has violated in 74 cases.''This list should give pause to anyone—no matter his or her political beliefs—who cares about the rule of law,' he went on. 'ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence.''ICE,' he said, 'is not law unto itself.'This scathing document of ICE's willful disregard for the law was top of mind for many critics of the compromise Democrats appear poised to make in exchange for passing a budget package that includes $64.4 billion in DHS funding, including $10 billion for ICE and $18 billion for Customs and Border Protection .On Thursday, seven Republicans joined Democrats in a 45-55 vote to block the spending package, which needs 60 votes to pass in the Senate. Democrats have said they want to separate DHS funding from the rest of the bill in order to negotiate a series of 'reforms.' If a deal is not reached by January 30, funding for DHS and several other agencies will lapse, causing another partial government shutdown. On Wednesday, Schumer told the press that Democrats are 'united' behind three key reforms to DHS. Per TIME Magazine:“We want to end roving patrols,” Schumer said, laying out Democrats’ first demand. “We need to tighten the rules governing the use of warrants and require ICE coordination with state and local law enforcement.”Second, he said, Democrats want to “enforce accountability,” including a uniform federal code of conduct and independent investigations into alleged abuses. Federal agents, he argued, should be held to the same use-of-force standards as local police and face consequences when they violate them.Third, Schumer said, Democrats are demanding “masks off, body cameras on,” a reference to proposals that would bar agents from wearing face coverings, require they wear body cameras and mandate that agents carry visible identification. “No more anonymous agents, no more secret operatives,” he said.Journalist and political analyst Adam Johnson described these proposals as 'superficial,' with many already being codified into law or even the US Constitution. 'As many scholars have noted, Trump arresting people without warrants is already unconstitutional and illegal, but his DHS is doing it anyway,' he wrote. 'Passing laws to enforce existing law may dissuade the Trump regime in some contexts, but it’s unclear why Trump wouldn’t just ignore the new law since they duly ignored the previous one.'He also said, 'It’s unclear how much power Congress or states would have to 'enforce accountability' while Trump’s cartoonishly corrupt DOJ continues to investigate and threaten state lawmakers and leaders with prison time.'Johnson noted that the list of demands made by progressives, including Sen. Bernie Sanders , was more comprehensive, including bans on arrest quotas and forcing ICE to end its reign of terror in Minneapolis, but said 'it’s unclear how Congress would define, much less enforce, these parameters. And most conspicuous of all, their demands make zero mention of reducing DHS’s obscene budget.'DHS funds were already increased by $170 billion over the next five years in the One Big Beautiful Bill Act passed by Congress last year, and ICE funding tripled, from $10 billion per year to $30 billion, making it the equivalent of the 13th most expensive military in the world. Aaron Regunberg, a writer at the New Republic, questioned what good it was to subject ICE to new laws when, as Schiltz's order showed, 'ICE breaks the law, courts order them to stop, and then they keep breaking the law.''You have to be dumb as bricks to think the answer is to pass a law saying it's against the law to break the law,' he continued. 'The answer is to stop giving these fascist goons billions of our tax dollars.'
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