The Statutory Authority Behind ICE’s Mass Enforcement Operations

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In December 2025, the Trump administration announced Operation Metro Surge, with initial arrests of about 12 people by December 5. In January 2026, Immigration and Customs Enforcement deployed approximately 3,000 federal agents to Minneapolis and Saint Paul. The Trump administration pointed to old federal laws as its legal justification. The question is whether they authorize what happened next.

What began as a debate over whether ICE could conduct Operation Metro Surge has evolved into whether ICE had legal authority to do this. As Congress faces budget decisions about funding the agency, the answer matters for the scope of federal executive power itself.

The operation tests whether federal agencies must follow the rules Congress set. Can broad language in the law that gives immigration officers “powers” authorize whatever an administration decides to do?

Statutory Authority for ICE Operations

ICE’s authority derives primarily from the Immigration and Nationality Act. Officers can “interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States.” They can “arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation.”

One part of that law goes further: ICE officers can “make arrests for any offense against the United States, if the offense is committed in the officer’s or employee’s presence” or “for any felony recognized under federal law, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony.”

However, the statute also states that arrest authority under one part of that law “shall only be effective on and after the date on which the Attorney General publishes final regulations” that “set clear rules for how officers should conduct enforcement” and “set up a system to quickly review when officers violate rules.”

If ICE officers systematically violated court orders—and Chief Judge Patrick Schiltz found they violated more court directives than some federal agencies have violated in their entire existence—this statutory requirement may not have been satisfied. This would mean significant portions of the operation weren’t authorized under the law itself.

Congressional Intent Behind Immigration Authority

The Homeland Security Act of 2002 created DHS and transferred functions to it. Congress debated this law after September 11, focusing on terrorism prevention and border security. The stated purposes: preventing terrorist entry, securing borders and transportation systems, carrying out functions.

In the legislative record, there is no evidence lawmakers intended federal operations deploying thousands of agents across entire states to conduct mass arrests over multiple months. Congress intended those statutes to authorize something narrower than what occurred.

Operational Practices in Minnesota

The way agents operated raises questions about what the law allows. Federal agents forced entry into private homes with battering rams while armed with warrants issued by the agency rather than by judges—a practice a federal judge found violated the Fourth Amendment. Agents conducted vehicle stops without evidence that each specific person broke the law, leading the ACLU to file a lawsuit on behalf of many people arguing agents conducted traffic stops “without reasonable suspicion, violating First and Fourth Amendment rights.”

ICE agents appeared in public wearing masks covering their faces and lacking clear identification.

Did the laws allow ICE to run operations that persistently violate federal court orders? This is different from a constitutional rights question. It’s about whether Congress’s laws allowed it.

Congressional Response Through Budget Amendments

Congress controls ICE’s budget, giving it direct power to restrict operations. During the FY2026 appropriations debate, occurring at the same time as Operation Metro Surge, members submitted numerous amendments specifically targeting ICE’s operations. Representative Pressley proposed an amendment to ban “federal money to the Department of Homeland Security to conduct immigration enforcement unless each officer is clearly visible and identifies themselves.”

Amendment 79 would have required ICE officers to tell detainees their rights before detaining individuals. Amendment 36 specifically prohibited funds “to detain and deport U.S. citizens while conducting civil Immigration enforcement.”

These amendments weren’t enacted. Their existence reveals that members of Congress recognized scenarios where ICE conduct needed statutory prohibition, including masked identity, detention of citizens, and failure to provide warnings. That Congress felt compelled to propose amendments prohibiting these specific practices suggests Congress didn’t believe the existing framework unambiguously authorized them.

Senate Democrats said they wouldn’t approve funding for DHS unless reforms to ICE were enacted. Democrats insisted on ten specific changes to ICE operations before they would fund the agency: body cameras for agents, new judicial warrant requirements, identification rules for agents, limits on raids, enhanced oversight.

Agency Authority Beyond Statutory Language

Beyond what Congress intended, there is a separate question: Did ICE act beyond its legal authority? Courts can stop agencies from acting unreasonably or beyond their authority through principles that let courts review whether agencies exceeded their statutory power, independent of whether constitutional violations occurred.

In a 2020 case, a court examined whether ICE could arrest people in courthouses and decided whether ICE had the legal power to do this based on what the law said and legal principles rather than constitutional grounds. This case shows federal courts can review whether ICE exceeded its authority, even without constitutional violations.

Three Specific Legal Questions

First: Did the operation follow the geographic and size limits the law sets? The law limits some activities to 100 miles from the border for certain activities. The language does not explicitly limit the number of agents that can be deployed to conduct interior operations or the duration of such operations. Courts ask whether the agency’s interpretation is reasonable and if the agency explained why it did this. If ICE didn’t explain why it thought the operation was legal, a court could reject it.

Second: Did the operation violate rules Congress set? The law requires the Attorney General to set rules for enforcement and a system to quickly review when officers violate rules. If officers broke the rules Congress set or if ICE didn’t review violations, the operation might be illegal.

Third: Did the operation follow rules about where enforcement can occur? One law requires officers to believe someone is committing a crime before arresting someone in a courthouse. This shows Congress thought courthouses needed special protection.

Federal-State Authority Limits

The Tenth Amendment prevents the federal government from forcing states to enforce federal law. Congress can create voluntary programs for states. One federal program lets state and local police help with enforcement if they choose to participate. Congress cannot force states to participate or punish them for refusing.

If the law allows enforcement but not using it to pressure states, the operation might be illegal.

Operation’s Abrupt Conclusion

By February 12, 2026, officials announced it was ending. The operation ended after two months. If Congress authorized such large operations, they would continue as long as problems existed. The fact that it ended once political goals were met raises legal questions.

Congressional Budget Deadline and Funding Restrictions

Congress faced a February 17, 2026, deadline to fund the Department of Homeland Security. Congress could use the deadline to restrict ICE by conditioning funding on specific rules. Congress considering new budget restrictions suggests existing laws didn’t clearly prohibit what ICE did. If existing laws clearly prohibited masked enforcement and detention of citizens, Congress wouldn’t need new laws.

Legal Uncertainty and Expert Analysis

Legal experts say it is unclear whether the operation was legal. A recent Supreme Court decision created uncertainty about whether ICE can arrest people based on location rather than individual suspicion. If ICE arrested people based on location rather than evidence, the operation might be illegal.

Judge Katherine Menendez acknowledged the operation caused significant harm but said both sides had valid arguments about whether it violated the Constitution.

Ongoing Legal Proceedings

The legal questions will likely continue. The Eighth Circuit paused orders limiting ICE’s actions, but the cases will continue arguing whether ICE exceeded its authority. Congress can use its budget power to set clearer rules for ICE. Democrats proposed banning masked operations, detention of citizens, and enforcement at schools and hospitals.

Courts can find that agencies broke the law even if they didn’t violate the Constitution, using principles that let courts stop agencies from overstepping. If courts find ICE exceeded its authority, this will affect how future administrations conduct immigration enforcement and broader questions about federal power.

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