
Immigration and Customs Enforcement isn't some storied government agency from the 19th century. ICE was invented back in 2003 — but now it has a multi-billion-dollar budget and many officers who are undertrained at best. So, how did we get here? To find out, we spoke to Garrett Graff. He's a historian and journalist who has covered federal law enforcement for 20 years. And in headlines, President Donald Trump threatens fresh tariffs on America's NATO allies over Greenland, the Pentagon ordered 1,500 National Guard troops to prepare for possible deployment to Minnesota, and a seat on Trump's Board of Peace reportedly has a $1 billion price tag.
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Jane Coston
It's Monday, January 19th. I'm Jane Coston, and this is what a day. The show that has learned that Secretary of Labor Lori Chavez Durimer allegedly keeps a massive stash of alcohol in her office and has committed, quote, travel fraud, as in making her staff invent trips for her to go on so she can hang out with her friends. The White House has called the allegations baseless. But as a deep supporter of members of the Trump administration not doing their actual jobs, this show has no choice but to stand with our Secretary of Labor. On today's show, President Donald Trump continues to die on the strangest of hills, threatening fresh tariffs on our NATO allies over Greenland. And the Gaza peace port is here, but at what cost? Hint, it's a billion dollars. But let's start with Immigration and Customs Enforcement. Like we said last week, ICE isn't very popular right now and elected officials have noticed. Case in point, last January, Arizona Democratic Senator Ruben Gallego co sponsored the Lake and Riley act, which required ICE to detain and deport undocumented immigrants who commit theft, burglary, larceny, or shoplifting offenses. In a statement about his support for the bill, he said, quote, we must give law enforcement the means to take action when illegal immigrants break the law. But on CNN's State of the Union Sunday, Senator Gallego sounded a little different on the subject.
Guest/Advertiser Voice
I think ICE needs to be totally torn down. It has to be, you know, created in the image of what people want. Right. And what does that look like from my experience running in Arizona in a very hard, hard state when it comes to immigration, immigration issues, People want immigration enforcement that goes after criminals. Right. And focuses on criminals. And immigration enforcement is actually focused on security and not the goon squad that has come from Stephen Miller and Donald Trump.
Jane Coston
But I wanted to know, what is ICE supposed to be? See, Immigration and Customs Enforcement isn't some storied government agency from the 19th century. Ice was invented when I was in high school, back in 2003. Hell, the movie Legally Blonde is older than Ice, but now it has a multi billion dollar budget and incentives for agents. According to the Wall Street Journal, ICE officers get rewarded for making arrests, even if the people they detain are later released. And many of those officers are, to put it mildly, undertrained at best. It's no wonder that abolish ICE is an increasingly popular sentiment. So to explain where ICE came from and how it became the agency we know today, I spoke to Garrett Graff. He's a historian and journalist who has covered federal law enforcement for 20 years. Garrett, welcome back to Whataday.
Garrett Graff
Always a pleasure to talk to you.
Jane Coston
Let's start at the beginning. How did the Bureau of Immigration and Customs Enforcement, which we know as ice, begin? Because contrary to what seems to be popular belief, they weren't always around.
Garrett Graff
ICE was born out of the massive reshuffling of the US government that took place in the wake of 9 11. As we began to reckon with the series of intelligence failures that took place that led up to those attacks by Al Qaeda, key came to understand how many parts of the government just weren't working correctly. That information wasn't getting to where it was supposed to be, that authorities were dispersed across all sorts of government cabinet departments and different agencies. And so when DHS was formed, it was this massive new cabinet department that pulled different parts from all over the rest of government and reshuffled a lot of them. Before 9 11, immigration was overseen by an agency known as INS, the Immigration and Naturalization Service, which was part of the Justice Department. And so ICE was created out of two, two divisions from ins, the so called deportation officers, who became a half of ice, that is known as ero, Enforcement and Removal Operations, and then the special agents, the investigators from INS, who were combined with the special agent investigators from the U.S. customs Service into a new part of ICE that was called hsi, Homeland Security Investigations.
Jane Coston
So just to be very specific, what was ICE's intended purpose when it was created? Like if you were in an elevator with an ice officer in 2004, what's their elevator pitch? As to what it is, you have.
Garrett Graff
To understand that ICE was one part of this reshuffling. So INS and the U.S. customs Service is also being broken apart in other ways to form the other major border and immigration agency, known now as cbp, Customs and Border Protection. So that brings together the green uniforms of the Border Patrol, which again had been part of the Department of Justice, as well as the blue uniforms of what used to be the customs inspectors, the people who would meet you at the airport, who would deal with, you know, seaports and airports and land crossings. And so the thinking was that we were sort of creating two distinct immigration and border agencies, and that the CBP was going to be all of the enforcement at the border, this unified Border Security Agency, and that ICE was going to be the unified Customs and Immigration and Enforcement Agency for the interior of the United States, that they were going to be in charge of people who were in the United States illegally already over the border, that they were going to be the people doing the smuggling Investigations. They were going to be the people doing sort of complex transnational crime investigations, and that you would sort of have two agencies, one watching the borders, one watching everything inside the country.
Jane Coston
I want to ask a question that I think a lot of people are wondering about on a spectrum from a local police officer to a member of the United States military. Where do ICE and CBP agents fall? And more specifically, what authority does each type of agent have to enforce the law, especially with regard to American citizens?
Garrett Graff
So, ERO officers, sort of the people that we're now getting unfortunately used to running around America's major cities and breaking car windows, they have incredibly limited authority. They are not police in the way that they wear, you know, big tactical vests that say police in large letters on them. They have the ability to enforce a narrow segment of immigration law, and they can make arrests for crimes that are federal crimes that are committed in front of them, but that they are not HSI special agents who actually have the ability and the power to go out and investigate federal crimes that they don't witness.
Jane Coston
So they are not legally allowed to be forcibly removing Americans from their cars, for example?
Garrett Graff
No, in theory. But I think that this gets at one of the other challenges that we are witnessing right now, which is Border Patrol and ICE are just not trained for the work that they're doing on America's streets right now. They are used to working in this very narrow sphere of border enforcement and immigration enforcement, which have very different responsibilities for civil rights and civil liberties and due process. On an average day, doing an average task, your average state or local law enforcement officer is far more experienced in investigating crime, enforcing crime, and dealing with civilians than your average ICE officer or CBP agent.
Jane Coston
To that point, there's been a ton of reporting about flaws in ICE's recruitment and training processes. Just last Wednesday, NBC News reported that an AI tool mistakenly flagged many applicants with no law enforcement experience as law enforcement officers because they used the word officer in their application, which means they were only required to complete four weeks of online training instead of the eight weeks of in person training where they would have learned how to do things like handle a gun. You've reported on the agency's flaws in depth. We've talked before about who's getting recruited to work for ice. They're not great. So my question is, is this what ICE wants? Do they want to just flood the zone with the kind of people who. Who would take four weeks of training because they've basically been told that they can run rampant over American cities?
Garrett Graff
I Think the better way to look at it is this is exactly what Stephen Miller wants, that the Trump White House is getting what it is paying for in the terror campaign that is being waged against American cities right now, particularly Democratic cities, particularly Democratic states. And that that pressure is, is coming down from the top and spreading out across dhs, spreading out across ice, spreading out to these agents in the field. And part of that is also you have seen this tremendous shift in the last year, really since May of 2025, in the tactics that ICE pursues. For the last 20 years, as we've been discussing, ICE has existed and sort of been out there on a day to day basis, arresting and deporting people who are in the country illegally. And the way that they did that was they relied on what was called prosecutorial discretion. They understood that every day in America there were more people eligible to be deported than they had ICE officers available to deport. And so they wanted to make sure that they were using those precious federal resources to get the most return on the investment in ice. And so they focused on the actual worst of the worst. People with either what were called, you know, final orders of deportation, people who had exhausted the total due process available to them and were, you know, now really, really, really in the country illegally, or people who had criminal records. You know, the murderers, the rapists, the gang members, the drug dealers, the people that we sort of hear the Trump administration talking about all the time. But that kind of focus and that kind of work is incredibly manpower intensive. You know, you would have teams of agents who might spend, you know, days or even weeks working to find and arrest and deport a single person. And so last May, when Stephen Miller made this quota that he denies as a quota that ICE needs to be making 3,000 arrests a day in order to hit the sort of roughly 1 million people a year mark that they have arbitrarily set, ICE and CBP couldn't rely on that manpower intensive discretionary process to meet that quota. And so that is what led to that very rapid switch in tactics that we saw last spring that was basically like ICE sweeping people of color up off the streets indiscriminately. SWAT gear wearing, Border Patrol agents rolling into Home Depot parking lots like they were about to invade Fallujah to arrest a bunch of day laborers. So one of the biggest differences between ICE sort of a year ago and now is effectively an ICE officer would wake up in the morning knowing the name of their target for the day. And now they are rolling out in these heavily armored convoys, not knowing if the people that they are kidnapping off the streets of America are even in the country illegally.
Jane Coston
I think my last question for you is we now know that ICE agents are, to your point, often overstepping their authority. But I think we've seen horribly that there is little recourse for even American citizens. So if an ICE agent asks you to get out of your vehicle or screams at you to do so, or wants to come into your house or wants to see your documentation, even if you're an American citizen, how can Americans protect themselves?
Garrett Graff
I wish I could give you a clear answer to that, and there are legal and constitutional answers that I could give you. But to me the most troubling aspect of what we are watching unfold right now is there is no advice that I can give either a immigrant in the country legally an undocumented person, or a US Citizen that can adequately guarantee protection from an assault by ICE officers right now that what we are watching I think is a national police riot by CBP and ICE officers without any due regard for civil rights, constitutional protections or traditional civil liberties.
Jane Coston
Garrett, as always, thank you so much for joining me, even though I am very scared.
Garrett Graff
Always a pleasure, Jane.
Jane Coston
That was my conversation with historian and journalist Gerrit Graf. We'll get to more of the news in a moment, but if you like the show, make sure to subscribe, leave a five star review on Apple Podcasts, watch us on YouTube and share with your friends. More to come after some ads. This episode is sponsored by BetterHelp. The new year doesn't require a new you, maybe a just less burdened you. Therapy can help more easily identify what's holding you back by offering an unbiased perspective to better understand your relationships, motivations and emotions. BetterHelp therapists work according to a strict code of conduct and are fully licensed in the US and BetterHelp does the initial matching work for you so you can focus on your therapy goals. A short questionnaire helps identify your needs and preferences and their 12 plus years of experience and industry leading match fulfillment rate means they typically get it right the first time. If you aren't happy with your match, switch to a different therapist at any time from their tailored recommendations. BetterHelp makes it easy to get matched online with a qualified therapist. Sign up and get 10% off@betterhelp.com wad that's betterhelphelp.com wad wad a day is brought to you by deleteme. Deleteme makes it easy, quick and safe to remove your personal data online. At a time when surveillance and data breaches are common enough to make everyone vulnerable, it's easier than ever to find personal information about people online. Having your address, phone number and family members names hanging out on the Internet can have actual consequences in the real world, and it makes everyone vulnerable. With Deleteme, you can protect your personal privacy or the privacy of your business from doxing attacks before sensitive information can be exploited. The New York Times Wirecutter has named Deleteme their top pick for data removal services. Have you ever been a victim of identity theft, harassment, doxxing? If you haven't, you probably know someone who has. Deleteme can help take control of your data and keep your private life private by signing up for Deleteme now at a special discount for our listeners. Get 20% off your delete me plan when you go to JoinDeleteMe.com wad and use promo code WAD at checkout. The only way to get 20% off is to go to JoinDeleteMe.com wad and enter code wad at checkout. That's JoinDeleteMe.com wad code wad this season everyone deserves a little more and Mazda delivers with the extended driving range of the CX50 Hybrid so you can spend more time together. Standard all wheel drive in every Mazda CUV, including the CX5 and room to bring everyone with three row seating in the CX90. Find more reasons to celebrate the season at the Mazda Mortemovie Sales event.
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Garrett Graff
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Guest/Advertiser Voice
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Jane Coston
Here's what else we're following today.
Garrett Graff
Head of Lines.
Jane Coston
What is the national emergency that justifies these new slate of tariffs?
Garrett Graff
The national emergency is avoiding a national emergency.
Jane Coston
Treasury Secretary Scott Besant is defending President Trump's efforts to take over Greenland for national security purposes and all that. Spoiler alert. He is not doing a very good job. On Saturday, Trump threatened a new tariff on a slew of European countries Denmark, Norway, Sweden, France, Germany, the United Kingdom, the Netherlands and Finland. Why? For standing in the way of Trump's desire to acquire Greenland, a semi autonomous territory of Denmark. Trump said the 10% tariff would be imposed February 1st and would increase to 25% by June, he wrote on Truth Social. Quote this tariff will be due and payable until such time as a deal is reached for the complete and total purchase of Greenland. Which is stupid. European leaders unsurprisingly, pushed back. In a joint statement on Sunday, the eight countries said they're standing in solidarity with Denmark and Greenland, writing, quote, tariff threats undermine transatlantic relations and risk a dangerous downward spiral. So will Trump get his way by threatening our allies? Bassinch was optimistic when speaking with NBC's Kristen Welker on Meet the Press on Sunday. The president, as far as I have heard, has not taken military force off the table. If the United States was were to take Greenland by force, how would that be different than Russia's annexation of Crimea?
Garrett Graff
Look, I believe that the Europeans will understand that this is best for Greenland, best for Europe, and best for the United States.
Jane Coston
Reminder, pretty much, nobody wants this. Last week we told you about the Trump administration's plan to move the Gaza ceasefire into a second phase, one that involves turning over day to day operations to a technocratic committee. In addition, the territory will be placed under the oversight of a new, quote, Board of Peace. Now we're learning what it may cost to sit on that board. According to documents reviewed by Bloomberg, countries seeking a permanent seat on the Board of Peace must cough up $1 billion in cash for a three year term. Member states would be able to vote on decisions, but the final decision rests solely with the chairman. And the chairman is, you guessed it, President Trump. For a billion dollars, you get to cosplay in Trump's global peacekeeping fetish fantasy where everyone can vote, but only his actually counts. Isn't this supposed to be about Gaza? Turns out the charter doesn't even mention it at all. That's made critics mighty suspicious that this is more about creating a US Led pay to play alternative to the United Nations. The money raised would reportedly be used to fund Gaza's reconstruction. But according to Bloomberg, the charter, quote, appears to suggest that Trump himself would control the money. So seems unlikely at best.
Garrett Graff
Violent crime is down, shootings are down, carjackings are down in virtually every category in virtually every neighborhood in the city. You know what's causing more chaos? Having these thousands of ICE agents and, and border control and apparently military, even potentially on our streets.
Jane Coston
Minneapolis Democratic Mayor Jacob Fry responded to news that U.S. troops may be heading to a city on NBC's Meet the Press Sunday. Over the weekend, multiple news outlets reported that The Pentagon ordered 1,500 troops to prepare for possible deployment to Minnesota, where protesters have been clashing with federal immigration agents for more than a week. This is after President Trump threatened last week to invoke the Insurrection Act, a law that allows the president to send military or National Guard members into American cities to act as law enforcement. Typically, it's used when a state requests it because local law enforcement is in over its head, or when states are refusing to comply with federal laws, like after the Brown versus Board of Education ruling. But of course, Trump doesn't care about any of that. Back in October, he said nearly 50% of presidents have invoked the Insurrection Act. To be clear, he is wrong. It's only been used 30 times by about a third of presidents. That said, we know math isn't the President's strong suit.
Guest/Advertiser Voice
America was built one home at a time. I believe that because the American Dream was never just an idea. It was a front door, a set.
Garrett Graff
Of keys, a place where families built their future.
Jane Coston
If you thought President Trump suddenly took over voiceover work for a Fannie Mae ad, think again. The narration is actually an AI generated clone of Trump's voice, released with the Trump administration's approval. It pitches a all new Fannie Mae as the protector of the American Dream, part of a broader push to look busy on housing affordability. What does this all mean? Why is the President doing this? I don't know. We live in hell. 287 days until the midterms, people. And if Trump's cool with loaning out his voice, well, why don't we give it a shot? So here's our AI Trump.
Guest/Advertiser Voice
Jane, you were right about everything. Can I be part of the WAD squad?
Garrett Graff
No.
Guest/Advertiser Voice
Okay. I am a terrible person.
Jane Coston
Wow, he really gets it. Thanks, AI Trump. And that's the news. That's all for today. If you like the show, make sure you subscribe. Leave a review. Happy Martin Luther King Jr. Day and tell your friends to listen. And if you're into reading, I'm not just about how One of my favorite King quotes is from his Letter from a Birmingham jail in 1963. We must use time creatively in the knowledge that the time is always ripe to do right. Like me, what a Day is also a nightly newsletter. Check it out and subscribe@cricut.com subscribe I'm Jane Coston and I don't often do this here, but it felt a good pretty appropriate today to give you a longer section of his writing. Human progress never rolls in on wheels of inevitability. It comes through the tireless efforts of men willing to be co workers with God. And without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity. Indeed, What a Day is a production of Crooked Media. It's recorded and mixed by Desmond Taylor. Our associate producers are Emily Foer and Chris Allport. Our producer is Kaitlin Plummer. Our video editor is Joseph Tutra. Our video producer is Johanna Case. We had production help today from Ethan Oberman, Greg Walters and Matt Burke. Our senior producer is Erica Morrison and our senior vice president of news and politics is Adrian Hill. Our theme music is by Kyle Murdoch and Jordan Kanter. We had help today from the Associated Press. Our production staff is proudly unionized with the Writers Guild of America East.
Guest/Advertiser Voice
Olivia loves a challenge. It's why she lifts heavy weights and likes complicated recipes. But for booking her trip to Paris, Olivia chose the easy way. With Expedia, she bundled her flight with a hotel to save more. Of course, she still climbed all 674 steps to the top of the Eiffel Tower. You were made to take the easy route. We were made to easily package your trip. Expedia Made to travel Flight Inclusive packages are atoll protected. Are you curious about the hidden side of everything? Then I have a podcast for you. I'm Stephen Dubner, host of Freakonomics Radio. Each week we hear from some of the most fascinating scholars and thinkers as we tackle big topics like how whales became the face of environmental activism, how to succeed at failing, and whether public transportation should be free. Go ahead, listen to Freakonomics Radio wherever you get your podcasts.
Host: Jane Coaston (Crooked Media)
Guest: Garrett Graff, historian and journalist
Air Date: January 19, 2026
In this informative episode, host Jane Coaston dives deep into the origins, purpose, and current controversies surrounding U.S. Immigration and Customs Enforcement (ICE), a relatively new but immensely powerful federal agency. With expert historian and journalist Garrett Graff as her guide, Coaston explores how ICE was created, how its mission evolved, and why public outrage against the agency continues to grow amid aggressive immigration enforcement under the second Trump administration. The episode also contextualizes ICE within today’s broader news cycle, including updates on Trump's tariffs over Greenland, the so-called Gaza Peace Port, and domestic military deployments.
This episode of What a Day offers a concise yet powerful primer on ICE’s quickly acquired power, its troubling shift toward indiscriminate enforcement, and the near-impossibility of holding the agency accountable—both for immigrants and for U.S. citizens. Jane Coaston’s incisive questioning and Garrett Graff’s expert analysis peel back layers of history, law, and policy to clearly reveal why the “abolish ICE” movement remains urgent and why ICE’s unchecked expansion presents a danger for civil liberties at large.
Recommendation for Listeners:
If you want clarity on how ICE became so powerful, why its methods are increasingly seen as rogue, and what, if anything, you can do about it, this episode is essential listening.
Notable Closing Quote (MLK):
“We must use time creatively in the knowledge that the time is always ripe to do right.” ([22:55])