Section 1. Short title
This Act may be cited as the Drain ICE Act of 2026.
Section 2. Findings
Congress finds as follows:
(1) The United States has a responsibility to administer its immigration system in a manner that upholds constitutional protections, human rights, and fundamental dignity.
(2) The Trump Administration's indiscriminate mass deportation policies are in conflict with our Nation’s cherished values and the rule of law.
(3) There have been detailed and numerous reports of cruel and inhumane conditions at U.S. Immigration and Customs Enforcement (ICE) Detention Facilities across the country.
(4) Oversight entities, civil-society organizations, media, and government watchdogs have documented significant concerns regarding the Department of Homeland Security’s immigration enforcement practices, including the use of prolonged detention, inadequate conditions in detention facilities, and insufficient safeguards for asylum seekers and refugees, other vulnerable populations, families, and children.
(5) ICE has unlawfully arrested and detained U.S. citizens, green card holders, and other immigrants with legal status under the Trump Administration.
(6) Nearly half of the individuals in ICE custody as of November, 2025, had no criminal charges or convictions.
(7) Detention of individuals with no criminal record by ICE has risen by over 2,000 percent under the Trump Administration.
(8) Rapid expansion of detention spending has created powerful financial incentives for private contractors and detention facility operators—whose profit-driven models and history of documented oversight deficiencies raise serious concerns about accountability, waste, abuse, and rampant corruption.
(9) Department of Homeland Security (DHS) has redirected capacity and resources away from critical missions, including counterterrorism, counternarcotics, and human-trafficking prevention in favor of disproportionally expanded immigration enforcement activities.
(10) According to a November 2025 Gallup poll, 62 percent of Americans disapprove of President Donald Trump's handling of immigration.
Section 3. In general
Sections 90003 and 100052 of Public Law 119–21 (commonly referred to as the One Big Beautiful Bill Act) is repealed.
Section 4. In general
The unobligated balances of all amounts appropriated by sections 90003 and 100052 of Public Law 119–21 (commonly referred to as the One Big Beautiful Bill Act) are rescinded.