The Facts That Informed The MAD Act on ICE/CBP

ICE & CBP: A Complex Record

Reported Successes
Bad / Controversies
Tragic / Deaths & Worst Cases
Context / Policy
73%
Detainees w/ No Conviction (FY2026)
32
Deaths in ICE Custody, 2025
200+
Court Orders Violated (MN, Jan 2026)
393K
ICE Arrests, Year 1
73,000
Peak Detention (Jan 2026)
22,000
ICE Workforce After Hiring Surge

This report was created as a fact sheet to show why the MAD Act does not call for the abolition of these agencies. It curbs their reach, and that's because the data here tells two stories simultaneously: these agencies have been directed to violate the Fourth Amendment, defy court orders, detain American citizens without cause, and deport children. This reckless new policy has resulted in death by execution of Americans in the streets, various forms of abuse, and overall terror — the damage from which can never be undone to the families impacted. At the same time, ICE and the CBP still serve a legitimate function, as you will see below. However, it is clear that federal law enforcement has drifted from its mandate to keep Americans safe. Many of us, of course, suspect other tyrannical motives are at work. So, we must reverse course. We need legal restraint, training, and accountability. This bill pulls untrained ICE and CBP officers off our streets immediately while leaving officers who have been stationed in communities for years and who have clean records to continue their work dealing with human trafficking and truly criminal cases. If the DHS actually needed these new agent hires, then they can pay for the rigorous and expensive training that the MAD Act requires out of their existing budget.

✓ Reported Successes
Gang Takedowns & High-Profile Criminal Arrests
  • February 2025: ICE and FBI arrested David Alejandro Orellana-Aleman, a high-ranking MS-13 leader controlling gang cliques across the U.S., Mexico, and Europe.
  • July 2025: ICE arrested Rene Escobar-Ochoa, a senior MS-13 leader on an INTERPOL Red Notice, wanted for drug trafficking and conspiracy to commit murder.
  • 2025: A person on El Salvador's 100 Most Wanted list — wanted for five counts of murder — was located and arrested in Council Bluffs, Iowa.
  • November 16, 2025, San Antonio: A DHS task force raided a Tren de Aragua-linked nightclub, arresting 27 suspected TdA members among 150+ individuals; cocaine, firearms, and $35,000 cash seized.
  • Aurora, CO, 2025: Arrested Michel Jordan Castellano Fonseca, a TdA-linked individual, after he allegedly shot two women (killing one) in front of five children.
  • ICE arrested approximately 7,500 individuals with alleged gang affiliations in Year 1 (1.9% of total arrests).
  • Of ~393,000 total ICE arrests in Year 1, DHS reported approximately 229,000 involved individuals with criminal charges or convictions — including ~2,100 with homicide charges, ~5,400 with sexual assault charges, and ~43,000 with assault charges.
✓ Reported Successes
Human Trafficking Rings Busted
  • August 2025, Omaha, NE: ICE dismantled a trafficking ring operating from motels and salons, rescuing 27 victims including 10 children under age 12, and seizing over $565,000 in cash.
  • July 2025, California: Raids on cannabis farms rescued 14 migrant children from suspected forced labor operations.
  • September 30, 2025, Wisconsin: ICE dismantled a combined human trafficking and drug ring, arresting multiple individuals tied to the network.
  • Polk County, FL, 2025: A joint sting resulted in 255 arrests for prostitution and child exploitation; ICE lodged 30 immigration detainers.
  • DHS Secretary Noem's anti-trafficking initiative (launched July 2025) reported disrupting multiple transnational trafficking networks in its first six months.
✓ Reported Successes
Drug Seizures
  • January–March 2025, Operation Hourglass: CBP seized 1,484 lbs of fentanyl and 9,700 lbs of other narcotics.
  • April 2025, Albuquerque: The DEA made its largest single fentanyl pill seizure in U.S. history — 2.7 million pills.
  • August 2025: CBP reported a monthly drug seizure surge totaling 55,000+ lbs.
  • Caveat: Overall fentanyl seizures at the border fell 46% from FY2024 — reflecting reduced crossings, not increased supply disruption. Trafficking routes remained largely intact.
✗ Bad
Wrongful Arrests of U.S. Citizens
  • By October 2025: ProPublica confirmed at least 170 U.S. citizens wrongfully detained. The federal government was not tracking this figure and acknowledged having no system to count it.
  • December 10, 2025, Minneapolis — Mubashir Khalif Hussen: A 20-year-old U.S. citizen stopped while walking to lunch by masked ICE agents, placed in an SUV, shackled, and fingerprinted. Agents refused to look at his ID when he repeatedly said "I'm a citizen."
  • January 2026, St. Paul — ChongLy "Scott" Thao: U.S. citizen. Masked agents broke into his home, held him at gunpoint, and removed him in freezing temperatures in sandals and underwear. The intended target was already in prison.
  • October 29, 2025, Gary, Indiana: Agents raided a home and detained three U.S. citizens in addition to the undocumented individual targeted. One sibling reported being punched in the eye.
  • Florida, 2025 — Lopez-Gomez: Born in Georgia with a birth certificate and Social Security card. Held for over a day after ICE issued a detainer. A judge cited the ICE hold as the reason she lacked jurisdiction to release him — even after reviewing his documents.
  • 2025, Portland, OR: A U.S. citizen girl being driven to a hospital was stopped at a CBP checkpoint; the entire family was detained 6 hours, transferred to a detention center, and deported to Mexico. The family lives in hiding; the children have not been to school or a doctor since.
✗ Bad
Wrongful Deportations
  • March 15, 2025 — Kilmar Abrego Garcia: Deported to El Salvador's CECOT prison despite a valid 2019 court-issued withholding-of-removal order. Government admitted "administrative error." Supreme Court ordered return unanimously on April 10, 2025. His subsequent criminal prosecution was found by a judge to show "some evidence" of vindictiveness.
  • October 25, 2025 — Chanthila Souvannarath: Deported to Laos two days after a federal judge explicitly ordered his removal blocked. Had claimed U.S. citizenship for 20+ years. Had been held since June 18 inside Angola prison.
  • January 11, 2026, Austin, TX — Génesis Ester Gutiérrez Castellanos: A 5-year-old U.S. citizen deported to Honduras alongside her undocumented mother.
  • Early 2025: Two U.S. citizen children, including a 4-year-old boy with Stage 4 cancer, were put on a deportation flight to Honduras before attorneys could file a habeas petition. The boy was flown without his medication.
  • April 22–25, 2025 — "V.M.L.": A 2-year-old U.S. citizen deported to Honduras. An ICE officer allegedly hung up the phone as her father tried to give the mother their attorney's number.
  • March 2025: 238 Venezuelans — approximately 90% with no U.S. criminal record — deported to El Salvador's CECOT under the 1798 Alien Enemies Act. Many were told they were being sent to Venezuela.
✗ Bad
Political Speech Arrests (First Amendment)
  • March 8, 2025 — Mahmoud Khalil: Palestinian Columbia University graduate and lawful permanent resident arrested with no criminal charges, solely for protest leadership. Pregnant wife threatened with arrest. Detained 104 days. Federal judge ruled detention unconstitutional on June 11, 2025.
  • March 25, 2025 — Rümeysa Öztürk: Tufts University Turkish PhD student detained by masked plainclothes agents on the street for co-authoring a newspaper op-ed. Flown to Louisiana without notifying counsel or a court. A bystander initially reported it as a kidnapping. Released May 9; case fully dismissed January 2026.
  • April 14, 2025 — Mohsen Mahdawi: Palestinian Columbia student and lawful permanent resident detained at his own citizenship interview. Judge: legal residents "not charged with crimes are being arrested for stating their views." Case dismissed February 2026.
✗ Bad
Warrantless Home Entries
  • May 12, 2025 — The Lyons Memo: Acting ICE Director Todd Lyons signed a secret internal memo authorizing agents to forcibly enter homes using only an administrative Form I-205 — not a judge-signed warrant. Circulated verbally; employees told disobedience could cost them their jobs. ICE's own 2025 training materials acknowledged warrantless home entry was "the chief evil against which the wording of the Fourth Amendment is directed."
  • January 2026, Minneapolis: ICE agents used battering rams and rifles to enter homes during Operation Metro Surge without judicial warrants.
  • 2025, Portland, OR: ICE raided the wrong home entirely. ICE subsequently stopped responding to press inquiries about the incident.
  • 2025, Chicago area — Garrison Gibson: ICE forcibly entered his home without a warrant. A federal judge ruled the arrest unconstitutional and ordered his release.
  • ICE's own prior legal training stated: "A warrant authorizes the officer to arrest the subject, but not to enter a home unless consent is given." The 2025 Lyons memo reversed this without public announcement.
✗ Bad
Racial Profiling & Suspicionless Stops
  • January 2026 — ACLU files Hussen v. Noem: Class-action lawsuit documenting ICE and CBP agents in Minneapolis stopping people based solely on race or perceived ethnicity, with no specific targets or articulable suspicion.
  • CBP's Greg Bovino conducted a January 2025 Kern County, CA raid relying on racial profiling of vehicle occupants, then was promoted to oversee enforcement in Los Angeles, Chicago, North Carolina, and Minnesota.
  • October 8, 2025: U.S. District Judge Jeffrey Cummings ruled ICE's practice of agents carrying blank warrant forms filled out at the scene was "explicitly designed" to bypass the probable cause requirement, violating the 2018 Castañon Nava consent decree. ICE ordered to re-issue nationwide probable cause rules.
  • Andry José Hernández Romero: Venezuelan asylum seeker with zero criminal record designated a Tren de Aragua gang member based on crown tattoos dedicated to "Mom" and "Dad" — identified as gang symbols by a private prison employee previously fired from the Milwaukee Police Department for misconduct.
✗ Bad
Community & Institutional Impact
  • January 20, 2025: The "sensitive locations" policy protecting schools, churches, and hospitals from ICE raids was rescinded on Day 1.
  • November 17, 2025, Charlotte, NC: Masked Border Patrol agents arrived for enforcement; 30,000 students stayed home the following Monday — three times the normal absence rate.
  • Stanford/PNAS study: California Central Valley students missed 22% more school days in spring 2025; pre-K absences rose 35%. LAUSD lost 16,000 students (4% enrollment drop) year-over-year.
  • During Operation Metro Surge, ICE used pepper spray and pepper balls at Roosevelt High School in Minneapolis and handcuffed two staff members, forcing class cancellations.
  • KFF/NYT survey: 48% of likely undocumented adults avoided medical care since January 2025. Back-to-school vaccinations for Hispanic children in Dallas dropped 50%.
  • ICE agents stationed at Glendale Memorial Hospital for 15 days. In Portland, parents of a 7-year-old with a nosebleed were detained in the hospital parking lot and transferred to a Texas detention center.
  • January 2026, Los Angeles: Agents raided a food ministry event at a Methodist church parking lot. A court injunction ultimately protected approximately 1,400 places of worship across 36 states.
✗ Bad
Arrests Without Criminal Records — The Data
  • Q1 2025: 87% of ICE arrestees had criminal records. By October 2025: 55%. By FY2026: 73% of those booked into detention had no criminal conviction whatsoever.
  • ICE arrests of immigrants without criminal convictions increased by 1,500% from the pre-2025 weekly average.
  • CBS News: fewer than 14% of those arrested by ICE in Trump's first year had violent criminal records.
  • Cato Institute (post-October 2025 detainees): only 5% had violent criminal convictions; 73% had no convictions at all.
† Tragic
Detention Deaths
  • 2025 was the deadliest year in ICE detention on record — 32 people died in custody, more than the prior four years combined. Early 2026 was on pace to surpass it.
  • The American Immigration Council documented 6 deaths in ICE custody and 2 fatal shootings in just the first weeks of January 2026.
  • Detention expanded so fast that people began "disappearing" for days — ICE's detainee locator system became unreliable; families could not locate held relatives for days at a time.
  • ICE expanded to 104 additional detention facilities (a 91% increase) in a single year, including tent camps, a military base facility in El Paso, and a Florida state-operated center.
  • Whistleblowers and reports documented overcrowding, substandard medical care, sexual assault allegations, and abusive conditions across rapidly expanded facilities with reduced oversight.
† Tragic
Fatal Shootings by Agents
  • January 7, 2026, Minneapolis — Renée Nicole Good: A 37-year-old U.S. citizen and mother of three fatally shot by ICE agent Jonathan Ross during Operation Metro Surge. Video evidence contradicted DHS's claim she tried to run over officers.
  • January 24, 2026, Minneapolis — Alex Pretti (killed by CBP, not ICE): A 37-year-old VA ICU nurse and U.S. citizen fatally shot by two U.S. Customs and Border Protection (CBP) officers — Border Patrol agent Jesus Ochoa and CBP officer Raymundo Gutierrez — during Operation Metro Surge. Pretti was filming agents with his phone, directing traffic, and stepped between a CBP officer and a woman the officer had pushed to the ground. He was pepper-sprayed, tackled, and pinned face-down by approximately six agents before being shot 10 times. Video reviewed by Reuters, the BBC, ABC News, and the Wall Street Journal contradicted DHS's claim that he "approached" agents with his firearm. CBP's own internal report to Congress made no mention of Pretti reaching for his weapon. DHS Secretary Noem called it "domestic terrorism"; bipartisan congressional calls for a joint investigation followed.
  • December 31, 2025, Los Angeles — Keith Porter: A 43-year-old African-American father of two shot and killed by off-duty ICE agent Brian Palacios (identified through court filings) outside his Northridge apartment complex on New Year's Eve. Porter had been firing an AR-15-style rifle; his family and advocates say it was celebratory gunfire — a common if illegal practice — while DHS labeled it an "active shooter" incident. Palacios, who was off duty with no body camera, went outside armed and shot Porter. Court filings in a separate custody case alleged Palacios had a documented history of racist remarks about Black and Latino people and prior court-ordered restrictions from being around children due to alleged abuse. No charges had been filed against Palacios as of early 2026.
  • March 2025, Texas (name withheld): A man fatally shot through his car window by ICE agent Jack C. Stevens. ICE's involvement was concealed until a FOIA lawsuit forced disclosure in February 2026. Eyewitness accounts reportedly contradicted the government's narrative.
  • Immigration officers shot at least 14 people since September 2025 — at least four fatally.
† Tragic
Defiance of Federal Courts
  • March 15, 2025: Deportation flights to CECOT departed after Chief Judge James Boasberg issued a restraining order. Planes continued while the order was active.
  • April 16, 2025: Judge Boasberg found probable cause to hold the U.S. government in criminal contempt. DOJ whistleblower Erez Reuveni alleged a senior official said: "Those planes need to take off, no matter what… if some court issues an order preventing that, we may have to consider telling that court, 'f*** you.'"
  • January 2026, Minnesota: Chief Judge Patrick Schiltz (George W. Bush appointee) documented 200+ court order violations in a single month, writing: "ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence."
  • December 2025–February 2026, New Jersey: Judge Farbiarz documented 56 court order violations over two months.
  • March 2026: DOJ admitted to a New York federal judge it had lied for nearly a year about the legal basis for courthouse arrests.
† Tragic
Training Collapse & Whistleblower Revelations
  • ICE doubled from 10,000 to 22,000 agents in under one year. Washington Post documents confirmed ~240 hours — over 40% of total training time — was cut, including ~28 hours of firearms training and nearly all hours for key legal and use-of-force subjects.
  • Eliminated evaluations included "Encounters to Detention" and "Judgment Pistol Shooting" — core use-of-force and constitutional law protocols.
  • February 23, 2026 — Ryan Schwank testimony: Former ICE lawyer and training instructor testified before Congress: "The ICE Basic Immigration Enforcement Training Program is now deficient, defective, and broken." He stated DHS was actively lying about what had been cut, and disclosed being shown the Lyons warrant memo in secret with an implied threat of termination for disobedience.
  • CNN analysis found ICE deportation officers received less training than almost any other federal agents with a badge and gun — including agents who investigate exotic animal smuggling.
  • A DEA informant was conditionally offered an ICE job before being flagged. A recruit with a pending gun charge arrived at the academy and was sent home on discovery. An administration official told CNN on the record: "It's a shit show."
† Tragic
CECOT & the El Salvador Prison Deal
  • March 15, 2025: The U.S. paid El Salvador $6 million to house deportees at CECOT — a mega-prison built for terrorism suspects. First transfer: 238 Venezuelans and 23 Salvadorans.
  • Approximately 90% of Venezuelan CECOT deportees had no U.S. criminal record. Many were identified as gang members via tattoos, clothing, or anonymous tips — not criminal convictions.
  • Released CECOT detainees reported systematic beatings, rubber bullets, isolation, and alleged sexual assault inside the facility.
  • The U.S. intelligence community concluded with moderate confidence that Venezuela's government did not control Tren de Aragua — undermining the legal premise of the Alien Enemies Act invocation used to send people there.
  • Every federal appeals court that reviewed the Alien Enemies Act invocation found it unlawful. The Fifth Circuit ruled 2-1 on September 2, 2025 that Trump had "unlawfully invoked" the Act.
  • July 2025: Over 250 deported Venezuelans were returned to Venezuela in a prisoner exchange — in exchange for 10 Americans held by Venezuela — treating people previously labeled "terrorists" as diplomatic bargaining chips.
≡ Context
Policy & Legal Architecture Driving Enforcement
  • January 20, 2025: Executive orders declared a national emergency at the southern border, expanded expedited removal nationwide (previously limited to 100 miles from the border), rescinded sensitive locations protections, and designated cartels as Foreign Terrorist Organizations.
  • January 29, 2025: The Laken Riley Act was signed, mandating detention of noncitizens arrested for theft-related offenses regardless of prior criminal history.
  • July 4, 2025: The One Big Beautiful Bill Act allocated approximately $170 billion for immigration enforcement, tripling ICE's budget to ~$29 billion annually — making it the highest-funded U.S. law enforcement agency, exceeding all other federal agencies combined.
  • Approximately 10,000 active-duty troops deployed to the border by mid-2025, with Stryker armored vehicles and military aircraft used for deportation flights.
  • Third-country deportation agreements with at least 10 nations. Over 8,000 people deported to countries other than their own by July 2025.
  • ICE imposed internal daily arrest quotas of 1,200–1,500 per day across 25 field offices — creating structural pressure to arrest to meet numbers rather than based on threat assessment.
  • June 27, 2025 — Trump v. CASA, Inc.: Supreme Court curtailed universal injunctions 6-3, making it significantly harder for courts to protect people not directly party to a lawsuit — reducing judicial oversight of mass enforcement actions.
  • April 1, 2026: Supreme Court heard oral arguments on Trump's birthright citizenship executive order, with justices from both ideological wings appearing skeptical of the administration's legal position.

Sources