Seven Ways to Rein In ICE—And Why They Might Not Work

Three days after 37-year-old Alex Pretti was shot dead by federal agents, America's political establishment is scrambling to answer a fundamental question: Can ICE actually be controlled?

The Minneapolis shooting has become more than a law enforcement incident—it's a stress test of American democracy's checks and balances. Despite video evidence of what appears to be excessive force, Trump administration officials doubled down, calling the restrained protester a "terrorist." Now Congress, courts, and state governments are each trying different approaches to rein in federal immigration enforcement.

The challenge is real. Trump once said his own morality was the only thing that could stop him. But as the past weekend showed, there are still institutional mechanisms that can—theoretically—check executive power. The question is whether they'll actually work.

The Budget Weapon: Money Talks Loudest

The most immediate leverage lies in Congress's power of the purse. Senate Democrats are threatening to block a spending package that includes $10 billion for ICE unless the Department of Homeland Security portion is stripped or rewritten. With a Friday deadline looming and the government running on stopgap funding since last fall's 43-day shutdown, another partial closure seems almost inevitable.

But this strategy has obvious limits. Any Senate changes would need House approval, and Republicans control that chamber. The question becomes: Who blinks first in a shutdown standoff? Democrats are betting that public outrage over the Minneapolis shootings gives them leverage. Republicans are counting on shutdown fatigue.

Congressional Oversight: Cracks in the GOP Wall

More intriguing is the emerging Republican willingness to question the administration. Senator Rand Paul, who chairs the Homeland Security Committee, has called ICE officials to testify at a February 12 hearing—the first chance lawmakers will have to grill the Trump team directly. Senator Todd Young has demanded a "full and transparent investigation."

This represents a shift from Trump's first term, when Republican lawmakers largely stayed silent about immigration enforcement excesses. Whether this translates into actual policy constraints remains to be seen, but it suggests the political calculus around ICE tactics is changing.

State Resistance: Constitutional Challenges and Paper Trails

Minnesota has asked a federal court to end ICE's surge operations, arguing they violate constitutional limits on federal power. Legal experts say there's little precedent for such an order, and even if granted, it would likely be overturned on appeal.

More practical is the "accountability commission" model pioneered by Illinois Governor JB Pritzker. His commission, launched in October, has been systematically documenting ICE misconduct and is set to release its first policy recommendations this week. While lacking immediate enforcement power, these efforts create a paper trail for future lawsuits and legislation.

The Court Option: State Prosecutors vs. Federal Immunity

The Justice Department's Civil Rights division declined to investigate the January 7 killing of Renee Good, and seems unlikely to act differently regarding Pretti. But Minnesota prosecutors could attempt state charges, arguing the shooting fell outside "necessary and proper" federal duties.

This path is legally murky. The law governing when federal officers can face state prosecution isn't clear, and even a conviction would face certain appeal. But it represents another potential check on federal power—one that doesn't require congressional approval.

The Opinion Shift: When Business and Churches Push Back

Perhaps most significantly, the political coalition opposing ICE tactics is expanding beyond traditional Democratic constituencies. Business groups worry about workplace raids disrupting operations. Religious leaders cite moral objections. Even some gun rights advocates are concerned about federal overreach.

A New York Times/Siena poll found that 6 in 10 voters believed ICE tactics had gone too far—even before Pretti's death. Since the weekend shooting, criticism has intensified across political lines.