Explainer: A History of Immigration Enforcement in the United States, Part 2 (2001 – Present Day)

Explainer: A History of Immigration Enforcement in the United States, Part 2 (2001 – Present Day)

Last Updated February 2026

In response to the events of September 11, 2001, the Homeland Security Act of 2002 created the Department of Homeland Security (DHS). DHS oversees U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and Immigration and Customs Enforcement (ICE). The functions of these departments had originally been carried out under the INS or Immigration and Naturalization Service.

Although U.S. Immigration and Customs Enforcement (ICE) has increasingly drawn media and public attention in recent years, its origins are rooted in a much longer history of border regulation and immigration enforcement. But where did it come from? What agencies/laws existed before ICE, and what led to its existence and current power?

Let’s get into the timeline:

In 2001, Coordinated terrorist attacks by al-Qaeda targeted the World Trade Center and the Pentagon, killing nearly 3,000 people.

In 2002, in response to the events of September 11, 2001, Congress passed the Homeland Security Act and creates the Department of Homeland Security.

Note: At its inception, ICE was provided with a budget of $2.4 billion, which increased disproportionately over the years (ACLU).

In 2003, the Supreme Court ruled in Demore v. Kim that the government could automatically detain legal permanent residents (green card holders) during deportation proceedings for any certain criminal convictions, even if they were not considered dangerous like posession of drugs, or writting a bad check. This ruling made detention a standard part of immigration enforcement.

In 2006, the Secure Fence Act required DHS to build reinforced fences and expand surveillance along the U.S.-Mexico border to achieve operational control. This resulted in over 1,040 kilometers of fencing, increased border militarization, a displacement of migrants to more remote areas, and laid the groundwork for subsequent expansions of the wall, including those under the Trump administration.

In 2008, under Bush’s administration, the Secure Communities Pilot Program, initially voluntary for jurisdictions, shared fingerprints taken during local arrests with immigration and criminal databases so that ICE could identify individuals subject to deportation, including many individuals with minor or no criminal records. This gave ICE a technological presence in local jails to issue detention orders and request deportation when immigration matches were detected.

In 2009, Congress required DHS to maintain a minimum number of beds for immigrant detention (34,000), forcing ICE to detain more non-citizens and driving the growth of both federal and private detention centers (AIC).

In 2010, ICE’s budget increased to more than $ 5.7 billion (ICE).

In 2011, under the Obama administration, the Secure Communities Program was expanded from a limited pilot to a nationwide enforcement system. As a result, ICE’s ability to issue detainers from local jails contributed to record-high removal numbers during Obama’s first term (ACLU).

In 2012, DHS under Barack Obama, established Deferred Action for Childhood Arrivals (DACA). This program allowed certain undocumented immigrants brought to the United States as children to obtain temporary protection from deportation and work authorization. While not permanent, it allowed eligible “Dreamers” to live and work legally (AIC).

In 2014, Barack Obama became known as the Deporter-in-Chief when his administration approached the record-breaking figure of two million deportations. His enforcement measures made domestic enforcement a central element of federal immigration policy (ACLU).

In 2018, the Zero Tolerance Policy was implemented under Trump’s administration. The Trump administration directed federal prosecutors to criminally charge all adults caught crossing the U.S.–Mexico border illegally. Because children cannot be held in criminal custody, thousands of families were separated, with children placed in government shelters. intensification of immigration enforcement.

In 2018,  ICE’s budget increased to 7.1 billion dollars (Senate Appropriations).

In 2019, ICE’s Enforcement and Removal Operations (ERO) made a total of 143,099 arrests. Of these, 64% had criminal convictions, 22% had pending charges, and 14% were immigration violators with no prior criminal record. This demonstrates that while enforcement continued to focus on the criminal population, a significant proportion of arrests involved individuals with no prior criminal record (ICE).

In 2020, ICE’s budget increased to 8.07 billion dollars (ICE).

In 2021, the Body-Worn Camera Pilot Program was launched. ICE began deploying body cameras for its agents to increase transparency and accountability (ICE).

In 2023, Título 42, the public health order used during the pandemic that allowed for the rapid removal of migrants at the border, ended. Migrants were now processed under normal immigration law (Title 8), which allowed for asylum applications or expedited removal, with new rules requiring legal pathways of entry and a formal vetting process (NACO).

In 2025, the “Protected Areas” policy was terminated. DHS, under President Donald Trump, rescinded previous guidelines that limited immigration enforcement in sensitive locations such as schools, hospitals, places of worship, and courthouses (NAFSA).

• Executive Order 14159, “Protecting the American People from Invasion,” was signed, expanding the authority for expedited removal, denying federal funding to sanctuary jurisdictions, and increasing penalties for immigration enforcement (Federal Register).
• The 287(g) Agreements were expanded. It allows local law enforcement agencies to enforce immigration laws alongside federal authority (ACLU).
• Camp East Montana ERO, ICE began operating the East Montana Detention Center in El Paso, Texas, a large new migrant detention facility housing about 1,000 people with plans to expand to 5,000 beds (El Paso Matters).

In 2025, ICE has a 75 billion dollar supplemental fund that can be used over four years, in addition to its usual $10 billion annual budget. It roughly divides into 29 billion dollars available each year (NPR).

In 2025, the federal government sent 3,000 ICE and DHS agents to Minneapolis and St. Paul, as part of the “Operation Metro Surge,” sparking legal challenges and community opposition because the operation disrupted neighborhoods, caused fear, and strained local resources (PRP).

In 2026, ICE has an 11.3  billion-dollar budget, and with the supplemental funding, the agency has many more billions available to expand law enforcement, detention, and deportation operations through fiscal year 2029 (DHS).

By 2026, ICE’s detention system had grown to its largest scale ever, with daily detainees up over 75% and facilities increased 91%, meaning ICE was holding many more people in nearly twice as many facilities as before. This expansion has been fueled by historic funding increases, reflecting historic funding and enforcement expansions, and raising serious accountability y human rights concerns.