WASHINGTON — U.S. Immigration and Customs Enforcement, or ICE, stands as one of the most prominent federal agencies tasked with immigration enforcement today, but its roots stretch far deeper into American history than its official founding date might suggest. Created in 2003 in the wake of the September 11 attacks as part of the Department of Homeland Security, ICE has grown into a massive operation with more than 22,000 employees. Yet, according to the agency's own history section on its website, "Despite U.S. Immigration and Customs Enforcement’s relatively young age, its functional history predates the modern birth of the agency by more than 200 years." This claim highlights a long evolution in how the United States has approached immigration, transforming from a system focused on labor management and social integration to one emphasizing law enforcement and national security.
To understand this trajectory, it's essential to trace the origins of federal immigration oversight. The first federal immigration agency was established in 1891 under the Department of the Treasury, starting with just four staff members responsible for overseeing arrivals at ports like Ellis Island in New York Harbor. At the time, immigration was largely unregulated, driven by waves of European migrants seeking opportunity in the industrializing nation. Officials focused on basic inspections for health and criminal backgrounds, but enforcement was minimal, reflecting an era when the U.S. welcomed laborers to fuel economic growth.
By the early 20th century, attitudes began to shift amid concerns over job competition and cultural assimilation. The Immigration Act of 1924, also known as the National Origins Act, introduced strict quotas based on national ancestry, drastically reducing immigration from southern and eastern Europe. This law marked a pivotal turn toward restriction, with enforcement duties expanding under the newly formed Bureau of Immigration within the Department of Labor. According to historical accounts, the bureau's role evolved to include not just facilitation but active deterrence, as the U.S. grappled with the aftermath of World War I and the Great Depression.
World War II further accelerated this change. In 1940, the Immigration and Naturalization Service (INS) was created by consolidating various immigration functions under the Department of Justice, signaling a growing link between immigration and internal security. During the war, the INS oversaw the internment of Japanese Americans and managed the influx of wartime laborers through programs like the Bracero Program, which brought Mexican workers to U.S. farms. These efforts blended labor recruitment with enforcement, but the security aspect gained prominence, especially as fears of espionage loomed large.
Postwar years saw immigration policy liberalize somewhat with the Immigration and Nationality Act of 1965, which abolished national origin quotas and prioritized family reunification and skilled workers. However, enforcement mechanisms continued to expand. The INS, by then a sprawling agency, handled everything from visa processing to deportations, but critics noted inefficiencies and a dual role that sometimes conflicted — welcoming immigrants while expelling others. According to Vox producer Nate Krieger, who examined this history in a recent video analysis, the story of American immigration is one of gradual change, morphing from an agency that managed labor and benefits to one that saw itself as law enforcement, with a focus on national security.
The 1980s and 1990s brought heightened border security amid rising unauthorized crossings. The Immigration Reform and Control Act of 1986 legalized millions of undocumented immigrants while imposing employer sanctions, but it also ramped up border patrols. By 1996, the Illegal Immigration Reform and Immigrant Responsibility Act expanded grounds for deportation and increased funding for enforcement, leading to operations like Gatekeeper in San Diego, which fortified the U.S.-Mexico border with barriers and additional agents. These measures reflected a bipartisan consensus on tougher controls, though implementation varied under different administrations.
The turning point came with the terrorist attacks of September 11, 2001. In response, Congress passed the Homeland Security Act of 2002, which reorganized federal agencies and birthed ICE the following year. ICE absorbed INS's enforcement arm, along with customs functions from the Treasury Department, creating a unified body dedicated to interior immigration enforcement, investigations, and detention. Officials at the time emphasized national security, with ICE's mandate including combating human smuggling, drug trafficking, and potential terrorism links through immigration violations.
Under ICE's banner, the agency's capacity exploded. From its inception with a budget of about $3.3 billion, ICE's funding has ballooned to over $8 billion annually by recent years, supporting a workforce that dwarfs the original 1891 team. Detention facilities multiplied, holding tens of thousands at peak times, while deportation numbers surged — reaching nearly 400,000 in fiscal year 2012 under the Obama administration. Proponents of the expansion argue it enhances public safety, with ICE Director Tae D. Johnson stating in congressional testimony that the agency plays a critical role in protecting communities from transnational threats.
Yet, this growth has sparked debate. Immigrant rights advocates, such as those from the American Civil Liberties Union, contend that ICE's law enforcement focus has led to overreach, including family separations and workplace raids that terrorize communities. According to a 2019 report by the ACLU, ICE's operations disproportionately affect long-term residents with minor infractions, raising questions about due process. On the other side, supporters like the Federation for American Immigration Reform highlight statistics showing that removable immigrants committed thousands of crimes annually, justifying the agency's robust presence.
Looking back, the functional history ICE claims — predating 2003 by over 200 years — likely refers to early colonial laws regulating migration, such as the 1790 Naturalization Act, which limited citizenship to free white persons, or the Alien and Sedition Acts of 1798, which allowed deportation of non-citizens deemed dangerous. These foundational policies set precedents for federal control over who could enter and stay, evolving through slavery-era restrictions on Black immigration and Chinese Exclusion Act of 1882, the first law to ban a specific ethnic group.
The Chinese Exclusion Act, enforced by the nascent immigration service, exemplified early racialized enforcement, leading to deportations and labor exploitation. By the mid-20th century, as civil rights movements challenged discrimination, policies shifted, but the enforcement infrastructure remained geared toward exclusion. Krieger's analysis underscores how these centuries of events culminated in ICE, with each era layering on more punitive elements amid economic and security pressures.
Today, ICE operates in a polarized landscape. The Trump administration's aggressive use of the agency, including the 'zero tolerance' policy that separated over 5,000 children from parents at the border in 2018, drew widespread condemnation. Biden officials have pledged a more targeted approach, focusing on serious criminals, but deportations continue at a steady clip — about 59,000 in fiscal year 2023, according to Department of Homeland Security data. Congressional gridlock over comprehensive reform leaves ICE as the frontline enforcer, navigating court challenges and public scrutiny.
Broader implications of this history are profound. The shift to a law enforcement model has reshaped American demographics and politics, fueling debates on border walls, DACA protections, and asylum rights. Economists note that immigrants contribute $2 trillion annually to the U.S. economy, yet enforcement costs taxpayers billions. As climate change and global instability drive migration, experts predict ICE's role will only expand, potentially straining resources further.
What comes next remains uncertain. Bipartisan bills like the 2024 border security proposal, which aimed to add 1,500 agents and streamline asylum but failed in the Senate, illustrate the challenges. ICE officials, meanwhile, continue to adapt, with recent initiatives targeting fentanyl smuggling at ports of entry. As the agency marks two decades, its story reflects America's ongoing struggle to balance openness with security in an increasingly connected world.
In unpacking this evolution, from four inspectors in 1891 to a 22,000-strong force today, the path to ICE reveals not just policy changes but a fundamental reimagining of immigration's place in national identity. Whether this trajectory leads to reform or further fortification depends on the political will to address root causes, from foreign aid to legal pathways.