On October 20, the White House sent a new request for supplemental funding to Congress, with a $13 billion “border supplemental,” that includes $4.5 billion for U.S. Customs and Border Protection (CBP) and $2.5 billion for U.S. Immigration and Customs Enforcement (ICE). This new request furthers an enforcement-centric approach to immigration policy that exacerbates rather than addresses the humanitarian challenges facing migrant communities and the organizations and localities providing them with respite and services. In line with this guiding framework recently released by NIJC and numerous other organizations, NIJC encourages Congress to reject the vast amount of funds sought for CBP and ICE that would be used to further fuel rapid deportations, detention and harmful border externalizing programs, and to support funding for additional processing and humanitarian services.

In August, the White House requested supplemental funds for detention, enforcement and militarization, which Congress did not approve. For fiscal year 2023, Congress already has provided $2.8 billion for ICE’s detention system and $6.4 billion for CBP’s border security operations. Congress also has provided $3.5 billion for domestic field operations that are responsible for immigration processing, including asylum screenings at ports. DHS does not need any additional funds for ICE or CBP detention, surveillance and enforcement operations. It does, however, need support to pivot its resources and staff away from a punitive approach to border policy that has been proven ineffective and harmful, and to invest instead in a humanitarian model.

The House and the Senate continue to debate their respective bills needed to fund the government for Fiscal Year 2024. Congress approved a Continuing Resolution (stopgap bill) to avoid a government shutdown on September 30, 2023. That bill continues existing funding levels through November 17, 2023, and does not include any of the White House requests for additional ICE and CBP enforcement funds. This current supplemental request will be debated in the coming weeks in the context of Congress’s efforts to again act to avoid a government shutdown by November 17.

Members of Congress have already concluded that DHS does not need more for detention and deportations, and should again reject the enforcement-centered requests in this latest supplemental request.

NIJC urges Congress to reject:

• The requested $2.5 billion for ICE that would be used to expand the abusive immigration detention system 
• The aspects of the proposed $4.47 billion for CBP operations that would be used for detention, surveillance, rapid removals, and other harmful enforcement measures 
• Funds requested for foreign aid to be used by foreign governments to carry out deportations at the behest of the United States
• Funds for the Family Expedited Removal Management (FERM) program, a fast-track deportation and surveillance program that deprives immigrant families of due process
• The administration’s request to grant DHS authority to utilize funds to facilitate “voluntary returns,” in which people are often coerced to give up their rights and return to danger 
• Funds for custodial “community-based residential facilities” and DHS temporary housing facilities that appear to be akin to family detention centers 

NIJC encourages Congress to support: 

• The additional requested funds for the Shelter and Services Program (SSP), the grant program for civil society organizations and local governments providing respite and welcoming services to newly arrived immigrants (with enhanced oversight) 
• Additional funds for Health and Human Services (HHS) for supporting people entering the United States under existing parole programs and unaccompanied children  
• Funds for USCIS for asylum and other benefits processing and adjudications

Additional funds for legal access programming and representation for people facing removal and immigration court proceedings

This document provides analysis and recommendations on the immigration-related provisions of the White House’s request. These recommendations are aligned with the guiding framework NIJC and numerous other organizations continue to encourage members of Congress to follow when considering immigration-and border-related funding requests.

Read NIJC’s full analysis of the White House October immigration supplemental funding request (PDF)