Residents are confronted by federal immigration agents after a shooting on January 14, 2026 in Minneapolis, Minnesota. (Photo by Scott Olson/Getty Images)
WASHINGTON – Senate Republicans laid the groundwork at a hearing Tuesday for legislation that would prevent state and local governments from making decisions about whether to limit cooperation with the federal government in immigration enforcement.
Senate Budget Committee Chairwoman Lindsey Graham of South Carolina argued that “sanctuary cities” — a term used by critics — should undermine federal law and ban local policies protecting undocumented immigrants. President Donald Trump has called on Republicans who control Congress to act.
“What is the benefit of ignoring federal law and keeping people like this out of federal custody?” Graham said. “It’s a political decision.”
As the Trump administration pursues mass deportations, federal immigration authorities have ramped up enforcement domestically, targeting heavily immigrant cities run by Democrats, such as Chicago, Los Angeles, Minneapolis and the District of Columbia.
All of these cities have policies prohibiting federal government assistance in immigration enforcement.
“Our Democratic friends accept a protective policy. They don’t think it’s a problem. I do,” Graham said. “Let’s have a debate. Let’s vote. That will be good for the country in 2026 when it comes to who should be responsible for controlling our borders and enforcing laws.”
He didn’t name specific legislation he supports, but last month he introduced a bill p.3805This would make it illegal for states and local governments to enact laws restricting cooperation with federal immigration authorities.
One of the witnesses interviewed by Republicans, former DHS Secretary Chad Wolf, who served in the first Trump administration, agreed.
“To restore the rule of law, the era of sanctuary cities must end,” Wolf said.
Means of immigration enforcement
The committee’s top Democrat, Jeff Merkley of Oregon, said the committee should instead take over oversight of the $170 billion Congress gave to the Department of Homeland Security through the 2025 tax cuts and spending package, known as the “Big, Beautiful Bill.”
He argued that under that funding, U.S. Immigration and Customs Enforcement conducted aggressive immigration enforcement, wearing masks and making arrests without warrants.
“We now have a secret police force called ICE,” Merkley said.
He noted that three U.S. citizens were killed by federal immigration agents: Renee Good and Alex Pretti in Minnesota and Ruben Martinez in Texas.
Merkley also disputed the notion that there is no immigration enforcement in states and cities that Republicans designate as sanctuary cities.
“Sanctuary is a bit of a misnomer,” Merkley said. “It refers to the decision that local police will act as local police and will not be used to assist ICE agents.”
Sen. Sheldon Whitehouse, Democrat of Rhode Island, said there is legal precedent in his state that prohibits detaining an immigrant for pickup by ICE because it would be considered unlawful detention.
“It is settled law that state and local officials who detain someone under an ICE detainer without ICE making the effort to obtain a warrant can be held civilly liable,” Whitehouse said.
Graham rejected the need for a court arrest warrant, saying the need to deport someone was “stupid.”
“Suddenly we’re Nazis,” Graham said.
Democrats want ICE to employ judicial arrest warrants when arresting someone in the country without legal authority, but not when deporting them.
Role of the Budget Committee
Democrats argued that instead of immigration policy, the Budget Committee should address budget issues, such as the rise in oil prices due to President Donald Trump’s decision to join Israel in the war against Iran.
California Democratic Sen. Alex Padilla said Tuesday’s hearing was “wrong.”
“Gas prices are rising due to an unauthorized war with Iran,” he said.
Democratic Sen. Ben Ray Luján of New Mexico agreed, saying the hearing should focus on affordability and the rising cost of living.
Graham said he would hold a hearing on affordability in the future.
