The NPR Politics Podcast – "Why Democrats Have Little Leverage to Reform ICE"

Date: April 17, 2026
Host: Miles Parks
Reporters: Sam Greenglass, Ximena Bustillo, Danielle Kurtzleben
Main Theme:
An in-depth discussion about the ongoing funding stalemate at the Department of Homeland Security (DHS)—particularly why Democrats are unable to use their leverage to enact reforms to Immigration and Customs Enforcement (ICE) and related agencies. The conversation situates this issue in the wider context of Congress’s diminishing power over executive authority, with further segments on the War Powers Resolution, recent White House actions, and how these constitutional themes connect.

Episode Overview

This episode centers on the Congressional impasse over DHS and ICE funding, exploring why Democrats have struggled to push through oversight or reforms despite withholding funding. The hosts analyze the practical impacts of the shutdown, the unusual pre-funding of ICE with minimal oversight, and how this episode fits into a pattern of Congress ceding power to the executive branch. The latter half of the episode connects these themes to US involvement in the war in Iran and the fight over Trump’s tariffs, highlighting the broader constitutional stakes.

Key Discussion Points & Insights

1. DHS Funding Stalemate

• Ongoing Shutdown:

  • DHS has been underfunded for over 60 days ([00:45]), with only partial funding agreed upon in the Senate for non-immigration enforcement arms. The House is holding out, especially GOP members opposed to splitting off ICE/CBP funding for separate debate.
  • Sam Greenglass: “There was an agreement in the Senate… but it has been sitting in the House for the last three weeks amid pushback from inside the House Republican caucus…” ([00:45])

• Agency Impact:

  • Amidst the shutdown, some TSA agents were unpaid, but executive actions restored their pay. Nevertheless, attrition and operational delays loom, with the Coast Guard reporting hundreds of unpaid utility bills threatening essential services ([01:36]).
  • Ximena Bustillo: “There are real lags in training, real lag in paycheck, real lag in just, like, programs operating with Homeland right now.” ([03:17])

2. Democrats’ Lack of Leverage Over ICE

• Democrats’ Strategy:

  • Democrats have withheld support for full DHS funding to pressure for immigration enforcement reform—particularly after high-profile incidents involving ICE and Border Patrol officers ([03:35]).
  • Leadership turnover (including the resignation of both the DHS Secretary and the head of ICE) reflects turmoil but not substantive policy change ([03:35]–[04:48]).
  • Ximena Bustillo: “We are seeing a lot of big leadership changes. That's not to say the policies have changed.” ([04:32])

• Huge Unregulated ICE Funding:

  • A key revelation: Republicans last year allocated $75 billion to ICE—roughly 7x its normal annual budget—with minimal restrictions, enabling ICE operations to run largely unaffected by the shutdown ([04:58], [05:55]).
  • As a result, Democrats’ traditional leverage—using appropriations to extract reforms—has evaporated.
  • Sam Greenglass: “Congressional Republicans gave ICE and other agencies within DHS a huge pot of money with very few strings attached… That has allowed that agency to continue their operations despite this shutdown without feeling a lot of the pressure that Democrats hoped that they would.” ([04:58])
  • John Sandwig, former acting ICE director: “You have created a real vulnerability to fraud or just misconduct.” ([06:37])

• Oversight & Accountability Gap:

  • Lack of annual appropriations erases the traditional annual oversight hearings and public explanations of agency spending ([09:04]).
  • Ximena Bustillo: “If you do not go through this process every single year… there's no reason for administration officials to come in and provide an explanation for... how they plan to spend future money.” ([09:04])

3. Constitutional Concerns: Congress Ceding Authority

• Unprecedented Pre-Funding:

  • The House plan to pre-fund ICE/CBP for three years without annual review further sidelines Congress’s "power of the purse."
  • Even some Republicans, notably Rep. Mark Amodei, voice alarm at this relinquishing of Article I responsibilities.
  • Rep. Mark Amodei: “You’d be dumber than hell to do that now.” ([08:11])

• Broader Trend:

  • Most Republicans blame Democrats for not funding law enforcement, while Democrats argue the lack of oversight only entrenches existing enforcement practices ([08:45]).

4. War Powers & Executive Branch Authority (Segment 2, with Danielle Kurtzleben)

• War Powers Resolution:

  • Congress has forced repeated votes under the War Powers Resolution as the conflict with Iran drags on ([11:36]).
  • Sam Greenglass: “The Constitution gives the president the power of being commander in chief, but also gives Congress the power to declare war... Fast forward… and the president has a lot more leeway...” ([11:36])
  • The latest House vote to curtail presidential action in Iran failed by one vote ([13:00]–[13:06]).
  • Democrats hope repeated votes may eventually erode GOP support for a blank check on executive warmaking ([13:06]).

• White House Emboldened:

  • The White House may read these failed votes as congressional acquiescence, emboldening further action—not just in Iran but potentially Cuba ([13:52]–[14:31]).
  • Danielle Kurtzleben: “…then that might make the White House feel even better and more emboldened about whatever they might be planning with regards to Cuba.” ([13:52])

• Historical context:

  • Past presidents (Clinton, Obama, Trump, Biden) have all bypassed Congress on military action, but historians argue Trump’s current actions represent an even greater constitutional leap ([14:35]).

5. Updates: Tariffs and Supreme Court Rulings

• Tariff Refunds & Executive Power:

  • Following the Supreme Court ruling that some Trump-era tariffs were unlawful, the administration is rolling out a process for companies to be refunded ([16:54]).
  • Treasury Secretary Scott Besant misleadingly claims tariff refunds go “back to China” ([19:00–19:17]).
  • Danielle Kurtzleben (fact-checking): “It is US Companies importing goods that have been paying the tariffs.” ([19:17])

• Bigger Picture:

  • The relinquishment of congressional power over tariffs, war, and appropriations all contribute to a broad shift of authority to the executive branch.
  • Sam Greenglass: “This is one more example of Congress relinquishing its constitutional powers to the executive branch… if Congress doesn't step back in… we have a really great risk of executive branch tyranny.” ([19:46])

Notable Quotes & Memorable Moments

• On ICE Pre-funding:

  • John Sandwig (former ICE director): “You have created a real vulnerability to fraud or just misconduct.” ([06:37])

• On Congressional Power:

  • Rep. Mark Amodei: “You’d be dumber than hell to do that now.” ([08:11])
  • Sam Greenglass: “This is just a huge, huge bucket of money with very few strings attached to how it’s spent.” ([05:20])

• On Real-World Shutdown Impacts:

  • Ximena Bustillo: “There are real lags in training, real lag in paycheck, real lag in just like programs operating with Homeland right now.” ([03:17])

• On White House View of War Powers Votes:

  • Danielle Kurtzleben: “...that might make the White House feel even better and more emboldened about whatever they might be planning with regards to Cuba.” ([13:52])

• On Tariffs:

  • Scott Besant (Treasury Secretary): "Just to be clear, thanks to the Supreme Court, some of this money is going back to China." ([19:00])
  • Danielle Kurtzleben (debunking): "It is not China that pays the tariffs. It never has been. It is US companies..." ([19:17])

• On Congress's Diminishing Power:

  • Sam Greenglass: “If Congress doesn’t step back in to reclaim its prerogative in these spaces, then we have a really great risk of executive branch tyranny.” ([19:46])

Important Timestamps

• 00:45: DHS shutdown status and intra-GOP conflict over ICE/CBP funding
• 01:36: Shutdown impacts on TSA, Coast Guard, and broader DHS operations
• 04:58: How ICE can operate during the shutdown due to massive pre-funding
• 06:37: John Sandwig explains risk of fraud with ICE’s "blank check"
• 07:56: Rep. Mark Amodei rebukes multi-year, no-oversight ICE funding
• 09:04: Ximena Bustillo details loss of annual public oversight
• 11:36: War Powers Resolution explained in context of Iran conflict
• 13:06: Strategy behind repeated House votes to restrict Trump on Iran
• 13:52: Danielle Kurtzleben: White House emboldened by failed votes
• 16:54: New process for companies seeking refunds on unlawful tariffs
• 19:00: Treasury Secretary Scott Besant’s misleading statement on tariffs
• 19:46: Sam Greenglass connects all these trends as congressional loss of authority

Tone and Original Language

The discussion is brisk, analytical, and often self-aware. There’s a recurring recognition—sometimes laced with irony—of the institutions’ departures from their intended roles and the unintended consequences of Congressional inaction. The hosts keep the explanations accessible to listeners who may not follow budget negotiations or constitutional debates closely.

Concluding Themes

The episode delivers a robust, multi-faceted look at the mechanics and implications of the DHS budget battle, ICE’s unusual funding status, and Congress’s broader struggle to exert meaningful oversight over both immigration enforcement and foreign policy. The takeaway: without a restoration of Congressional assertiveness—whether in appropriations, war powers, or economic regulation—the executive branch continues to accumulate unchecked power, with lasting consequences for US governance and democracy.

For listeners seeking clarity on why ICE is insulated from Congressional leverage, or for anyone interested in how the dry mechanics of congressional funding debates spiral into broad issues of checks and balances, this episode is essential listening.