WASHINGTON — Senate Republicans during a Tuesday hearing laid the groundwork for legislation that would prevent state and local governments from making decisions on whether to limit cooperation with the federal government on immigration enforcement. 

Senate Budget Committee Chair Lindsey Graham of South Carolina argued that sanctuary cities — a term used by critics — undercut federal law, and local policies shielding immigrants without legal status should be banned. President Donald Trump has called on Republicans who control Congress to act.

“What’s the upside of ignoring federal law and keeping people like this out of federal custody?” Graham said. “It’s a political choice.”

As the Trump administration aims to carry out mass deportations, federal immigration officials have increased enforcement in the interior of the country, targeting cities with high immigrant populations that are led by Democrats such as Chicago, Los Angeles, Minneapolis and the District of Columbia. 

All those cities have policies that bar assistance to the federal government in immigration enforcement. 

“Our Democratic friends are accepting of a sanctuary policy. They don’t think it’s a problem. I do,” Graham said. “Let’s have a debate. Let’s have a vote. This will be good for the country going into 2026 as to who should be in charge of controlling our borders and enforcing law.” 

He did not cite specific legislation he favors, but last month he introduced a bill, S.3805, that would make it unlawful for states and local governments to pass laws that limit cooperation with federal immigration enforcement. 

One of the witnesses tapped by Republicans, former DHS Secretary Chad Wolf, who served in the first Trump administration, agreed.

“To restore the rule of law, the era of sanctuary cities needs to come to an end,” Wolf said. 

Immigration enforcement funds

The top Democrat on the committee, Jeff Merkley of Oregon, said the committee should instead be conducting oversight of the $170 billion Congress provided to the Department of Homeland Security through the 2025 tax cuts and spending package known as the “Big, Beautiful Bill.”

He argued that under that funding, U.S. Immigration and Customs Enforcement has conducted aggressive immigration enforcement, wearing masks and conducting warrantless arrests. 

“We now have a secret police called ICE,” Merkley said.

He noted that three U.S. citizens have been killed by federal immigration agents: Renee Good and Alex Pretti in Minnesota, and Ruben Martinez in Texas. 

Merkley also pushed back on the assumption that immigration enforcement does not occur in states and cities that are referred to by Republicans as sanctuary cities. 

“Sanctuary is a bit of a misnomer,” Merkley said. “It refers to the decision that local police will serve as local police and not be commandeered to be assisting ICE agents.”

Sen. Sheldon Whitehouse, Democrat of Rhode Island, said in his state, there is a legal precedent to not hold an immigrant for ICE to pick up because it would be regarded as an unlawful detainment.

“It is binding law that state and local officials who hold somebody under an ICE detainer, where ICE hasn’t bothered to get a warrant, can be held civilly liable,” Whitehouse said.

Graham took issue with the requirement for a judicial warrant and said the need for it to deport someone is “stupid.” 

“All of a sudden we’re Nazis,” Graham said.

Democrats are calling for ICE to use judicial warrants when making an arrest of a person in the country without legal authority, not for deportations. 

Budget Committee role

Democrats argued that the Budget Committee instead of immigration policy should be addressing fiscal issues, such as the spike in oil prices due to President Donald Trump’s decision to join Israel in its war with Iran. 

California Democratic Sen. Alex Padilla said Tuesday’s hearing was “off-base.”

“Gas prices are spiking because of an unauthorized war with Iran,” he said. 

Democratic Sen. Ben Ray Luján of New Mexico agreed, and said the hearing should focus on affordability and the rising cost of living. 

Graham said he would hold a future hearing on affordability.