Residents confront federal immigration agents following the January 14, 2026 shooting in Minneapolis, Minnesota. (Photo: Scott Olson/Getty Images)
WASHINGTON — Senate Republicans laid the groundwork for legislation at a Tuesday hearing that would prevent state and local governments from deciding to limit cooperation with the federal government on immigration enforcement.
Senate Budget Committee Chairwoman Lindsey Graham of South Carolina argued that sanctuary cities – a term used by critics – undermine federal law and that local policies that protect immigrants without legal status should be banned. President Donald Trump 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 choice.”
As the Trump administration moves to carry out mass deportations, federal immigration officials have stepped up enforcement in the interior, targeting cities with immense immigrant populations led by Democrats such as Chicago, Los Angeles, Minneapolis and the District of Columbia.
All of these cities have policies that prohibit the federal government from assisting in immigration enforcement.
“Our Democrat friends accept sanctuary politics. They don’t think it’s a problem. I do,” Graham said. “Let’s have a debate. Let’s vote. This will be good for the country going into 2026 in terms of who should be responsible for controlling our borders and enforcing the law.”
He didn’t cite specific provisions he likes, but he introduced a bill last month that would S.3805this would make it illegal for states and local governments to pass laws limiting 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 come to an end,” Wolf said.
Immigration Enforcement Funds
The committee’s top Democrat, Jeff Merkley of Oregon, said the committee should instead have oversight of the $170 billion Congress gave to the Department of Homeland Security as part of the 2025 tax cuts and spending package known as the “Big Beautiful Act.”
He alleged that with these funds, U.S. Immigration and Customs Enforcement carried out aggressive immigration enforcement, wearing masks and making warrantless arrests.
“We now have a secret police force called ICE,” Merkley said.
He noted that federal immigration agents killed three U.S. citizens: Renee Good and Alex Pretti in Minnesota and Ruben Martinez in Texas.
Merkley also rejected the assumption that immigration enforcement does not take place in states and cities that Republicans label as sanctuary cities.
“Sanctuary is kind of a misnomer,” Merkley said. “This refers to the decision that local police will act as local police and will not be taken over to assist ICE agents.”
Sen. Sheldon Whitehouse, a Democrat from Rhode Island, said there is legal precedent in his state for preventing ICE from holding an immigrant for collection because it would be considered unlawful detention.
“Binding law provides that state and local officials who hold a person in an ICE detention facility without ICE bothering to obtain a warrant can be held civilly liable,” Whitehouse said.
Graham disagreed with the requirement for a court order and said the need to deport him was “stupid.”
“Suddenly we were Nazis,” Graham said.
Democrats are calling for ICE to utilize court orders to arrest a person in the country without authorization, not to deport them.
The role of the Budget Committee
Democrats argued that the Budget Committee should focus on fiscal issues, such as the acute rise in oil prices amid President Donald Trump’s decision to join Israel in its war with Iran, instead of immigration policy.
California Democratic Sen. Alex Padilla said Tuesday’s hearing was “false.”
“Gas prices are skyrocketing due to the unauthorized war with Iran,” he said.
Democratic Sen. Ben Ray Luján of New Mexico agreed and said the hearing should focus on affordability and the rising cost of living.
Graham said he would hold a future hearing on affordability.
