Democrats have indicated that any ICE reforms that crack down on sanctuary cities are a non-starter, as Congress wrestles with the aftermath of two fatal shootings involving ICE and Border Patrol agents.
Several Democratic senators told Axios that the federal government should not have the authority to target local governments that do not wish to aid in the White House’s immigration enforcement efforts.
Senate Democrats are drawing a preemptive red line on ICE reforms, telling Axios any sanctuary city crackdown is dead on arrival.
"It's a nonstarter. The whole term is really misleading," Sen. Adam Schiff (D-Calif.) said, adding that changes to state and local rules would "grant ICE even greater authority over local law enforcement."
Why it matters: Senate Minority Leader Chuck Schumer's (D-N.Y.) rank-and-file are in no mood to let Republicans turn a debate about ICE's use of force into a conversation over the issue long championed by President Trump.
"I know they're trying to change the conversation, but the issue is ICE's conduct," Sen. Chris Van Hollen (D-Md.) told Axios. "That's the issue before us, and we should not let them change the subject."
"There aren't sanctuary cities in statute," Sen. Jacky Rosen (D-Nev.) said. "There are places where people have different levels of cooperation, and that's up to those localities — but there isn't a national sanctuary-city policy."
The other side: "These magnets of illegal immigration have to go," Sen. Lindsey Graham (R-S.C.) said this week.
"There is no upside to sanctuary cities unless you are a complete radical nutjob."
What we're hearing: Negotiations over a narrower set of ICE reforms could make it easier to prevent the Department of Homeland Security from shutting down Friday night.
"There are certain red lines both sides won't negotiate on, but there are some things they will negotiate on — and that's where I think the potential deal space is," Senate Majority Leader John Thune (R-S.D.) told reporters.
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New York City became a sanctuary city via an executive order from Mayor Ed Koch in 1989. Every mayor since (including Rudy Giuliani) has fought to keep it that way. Why? Because unlike ICE, this policy keeps us safe. pic.twitter.com/ShDWshX3J6
— Justin Brannan (@JustinBrannan) January 9, 2026
As of October 31, 2025, the Justice Department estimates that there are 13 states, 18 cities, and three counties that are classified as sanctuary areas. The list features places whose officials do not allow ICE access to jails to apprehend and deport illegal immigrants and impose other policies prohibiting local law enforcement from cooperating with federal immigration authorities.
Sanctuary cities/states would rather RELEASE a violent, criminal alien back out into their communities than honor our immigration detainers.
— U.S. Immigration and Customs Enforcement (@ICEgov) February 10, 2026
Honoring our immigration detainers keeps violent murderers, rapists, child sexual abusers and more from recommitting those same crimes. pic.twitter.com/v6mPA05913
Republicans in the Senate are ramping up efforts to crack down on sanctuary cities, framing the matter as a fight so restore the rule of law, protect public safety, and tamp down the Biden-era flood to the southern border.
GOP lawmakers introduced a new bill to target sanctuary cities. The measure, introduced by Sen. Eric Schmitt, would punish sanctuary cities by stripping federal funds while beefing up protections for federal immigration officers. It would also expand civil liability for jurisdictions that release dangerous illegal immigrants who go on to commit more violent crimes, according to Fox News.
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