Drain ICE Act of 2026

Protection of Constitutional and Human Rights: The bill's findings suggest that removing ICE funding relates to the responsibility to uphold constitutional protections, human rights, and fundamental dignity (Section 2, Finding 1).

Improvement of Detention Conditions: The text cites reports of cruel and inhumane conditions, as well as inadequate conditions in detention facilities, suggesting that changes to funding could address these issues (Section 2, Findings 3 and 4).

Protection of Vulnerable Populations: The bill notes concerns regarding insufficient safeguards for asylum seekers, refugees, families, and children (Section 2, Finding 4).

Prevention of Unlawful Detentions: The findings state that ICE has unlawfully arrested and detained U.S. citizens, green card holders, and other immigrants with legal status (Section 2, Finding 5).

Addressing Detention of Non-Criminal Individuals: The bill notes that nearly half of those in ICE custody as of November 2025 had no criminal charges, and detention of those without criminal records has risen significantly (Section 2, Findings 6 and 7).

Resource Redirection: The findings suggest that DHS has redirected resources away from counterterrorism, counternarcotics, and human-trafficking prevention toward immigration enforcement (Section 2, Finding 9).

Impact on Private Contractors and Operators: The bill's findings mention that the expansion of detention spending has created financial incentives for private contractors and detention facility operators (Section 2, Finding 8).

Loss of Appropriated Funds: The bill mandates the repeal of sections 90003 and 100052 of Public Law 119-21 and the rescission of all unobligated balances of amounts appropriated by those sections (Section 3 and Section 4).