WASHINGTON—U.S. Senator Chris Murphy (D-Conn.), Ranking Member of the U.S. Senate Appropriations Subcommittee on Homeland Security, on Friday objected to the Department of Homeland Security’s (DHS) transfer notification that would move more than $430 million from the Federal Emergency Management Agency (FEMA), the United States Citizenship and Immigration Services (USCIS), and other programs within DHS to cover costs relating to overspending and self-inflicted shortfalls, including $212 million to U.S. Immigration and Customs Enforcement (ICE). In a letter to DHS Secretary Kristi Noem, Murphy detailed her failure to properly manage DHS’ budget, which put the agency at risk of running out of money in violation of appropriations law.

“Just as Americans are asked to do nearly every day – to live within their means – ICE is not free to spend more than Congress has authorized. Congress provided reprogramming and transfer authorities to the Department in acknowledgement that there may be circumstances when urgent and unforeseen issues arise that justify the shifting of resources outside of their original purpose. Yet, not one of the proposed purposes in this notification reflects an urgent and unforeseen need. In fact, most of these are self-inflicted shortfalls that were plainly foreseen given the department’s willful and consistent overspending. ICE doesn’t get to spend and spend without limitations and submit the bill to Congress. They must live within their means, just as American families must,” Murphy wrote.

Murphy detailed how ICE has pillaged other DHS programs to cover its reckless overspending: “If DHS moves forward with this proposal, it means that in total, over $524 million has been moved from other critical programs to ICE alone. Combined with the additional $485 million ICE received in the FY25 full-year CR, ICE will have received over $1 billion in additional funding over their appropriated amount this fiscal year to cover the administration’s overspending - with clear indication that even that amount is insufficient. For example, at the time of the submission of this notice, ICE had approximately 55,000 detention beds, 13,500 above the FY24 funded level of 41,500, which costs American taxpayers an additional half a billion annually. By early July, the agency has now committed to fund over 60,000 beds, all without Congressional approval.”

Murphy argued that DHS violated the law by misappropriating funds designated for the Shelter and Services Program: “Furthermore, earlier this year DHS transferred $32 million from SSP to ICE, the full amount permissible under law, and has recently asserted that “shelter” means “detention” (so that the entire fund can be raided for detention beds), and as I understand it, has plans to fund various immigration enforcement efforts with these humanitarian funds. The clear purpose of the shelter and services fund is to support humanitarian services - food, housing, and medical care for example – to non-federal entities supporting noncitizens released from custody. Therefore, using these funds to detain noncitizens, or to give to state and local law enforcement to arrest and detain noncitizens, is a patently clear purpose violation.”

He concluded: “Since the start of this administration, the White House and DHS have directed ICE to spend at an indefensible and unsustainable rate to build a mass deportation army and acquire detention beds far above the level negotiated and funded by Congress…I strongly object to the reprogramming and transfer requests. As DHS acquires over $165 billion as a part of the Republican reconciliation package, it is my strong desire that more of the work of the Appropriations Committee is transparent so that Americans can understand how their government spends their tax dollars.”

Full text of the letter is available HERE.