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Democrats defend ‘the actual existence of the Department of Education’ in forum

11 February 2026 at 23:39
The Lyndon Baines Johnson Department of Education Building in Washington, D.C., on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom)

The Lyndon Baines Johnson Department of Education Building in Washington, D.C., on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom)

WASHINGTON — U.S. House Democrats on Wednesday rebuked ongoing efforts from President Donald Trump’s administration to dismantle the Department of Education, including moves to shift some of its core functions to other agencies. 

Rep. Bobby Scott of Virginia — who hosted a spotlight forum alongside several colleagues — said “over and over again, the administration has circumvented the law to hamstring the future of public education without the consent of Congress or the American people.” 

Scott, the top Democrat on the House Committee on Education and Workforce, brought in education advocates and legal voices pushing back against the administration’s ongoing attempts to axe the agency. 

The lawmakers and witnesses expressed particular alarm over the administration’s six interagency agreements, or IAAs, announced with four other departments in November 2025 that transfer several of its responsibilities to those Cabinet-level agencies.

‘Illegal’ transfers 

Ashley Harrington, senior policy counsel at the Legal Defense Fund, said that “while these agencies all provide important services for our nation, none of them are adequately prepared to take on the massive portfolio of programs that these interagency agreements strip from (the Education Department).” 

Harrington, who previously served as a senior adviser at the department, pointed to a “lack” of institutional knowledge at the four departments compared with career employees at the Education Department who have gained expertise from spending decades running the affected programs. 

Rachel Homer, director of Democracy 2025 and senior attorney at Democracy Forward, the legal advocacy group that is leading the ongoing case challenging the department’s dismantling efforts in federal court, pointed out that Congress creates and decides which agencies exist. 

“Congress charges those agencies with performing certain functions, Congress determines the mission of those agencies, and the executive branch’s obligation is to carry that out, is to implement those laws faithfully,” said Homer, who previously served as chief of staff of the Office of the General Counsel at the department. 

The advocacy group is representing a broad coalition in a legal challenge against the administration’s attempts to gut the agency. 

That challenge, consolidated with a similar suit brought by Democratic attorneys general, was expanded in November in the wake of the interagency agreement announcement to include objections to those restructuring efforts. 

“These transfers through the IAAs, they’re illegal,” Homer added. “That’s not what Congress has set up — that’s not how Congress has instructed the agencies to function.” 

Mass layoffs, downsizing 

Meanwhile, the administration’s attempts to wind down the department have also included mass layoffs initiated in March 2025 and a plan to dramatically downsize the agency ordered that same month. The U.S. Supreme Court temporarily greenlit these efforts in July.

Trump has sought to end the 46-year-old agency as part of his quest to send education “back to the states.” This effort comes while much of the oversight and funding of schools already occurs at the state and local levels. 

“I know I don’t just speak for myself when I say I can’t believe we’re here having to actually defend the existence of the Department of Education,” said Rep. Suzanne Bonamici, ranking member of the House Subcommittee on Early Childhood, Elementary and Secondary Education.

“As Education committee members, we came here to work on improving education and opening doors of opportunity and addressing the civil rights disparities, but here we are having to defend the actual existence of the Department of Education,” the Oregon Democrat said. 

Civil rights in the spotlight 

Employees at the Office for Civil Rights — tasked with investigating civil rights complaints from students and families — were targeted in March as part of a broader Reduction in Force, or RIF, effort and put on paid administrative leave while legal challenges against the administration unfolded. 

Though the agency moved to rescind the RIF against the OCR employees in early January while legal challenges proceeded, a Government Accountability Office report released earlier in February found that the Education Department spent between roughly $28.5 million and $38 million on the salaries and benefits of the hundreds of OCR employees who were not working between March and December 2025. 

The government watchdog also found that despite the department resolving more than 7,000 of the over 9,000 discrimination complaints it received between March and September, roughly 90% of the resolved complaints were due to the department dismissing the complaint. 

“We’re extremely concerned of what this means for OCR to actually uphold its statutorily defined duty of protecting the civil rights of students in schools, including the rights of Black students, other students of color, girls, women, students with disabilities and members that identify with the LGBTQI+ communities,” said Ray Li, a policy counsel at the Legal Defense Fund.

Li, who previously served as an attorney for OCR, called on Congress to ensure that the unit “remains in a functioning Department of Education” and not transferred to the Department of Justice or another agency. 

He also urged Congress to provide “adequate funding for OCR” and to “play an important role in transparency, sending oversight request letters to get information on the quantity of complaints that are being received, the types of discrimination that they allege, how OCR is processing those complaints and what the basis of dismissals are.”

The Education Department did not immediately respond to a request for comment Wednesday. 

US House Democrats call for Kristi Noem’s firing in rally outside ICE headquarters

3 February 2026 at 20:31
Rep. Delia Ramirez, D-Ill., a member of the U.S. House Subcommittee on Border Security and Enforcement and of the Congressional Hispanic Caucus, speaks outside of U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026. (Photo by Ashley Murray/States Newsroom)

Rep. Delia Ramirez, D-Ill., a member of the U.S. House Subcommittee on Border Security and Enforcement and of the Congressional Hispanic Caucus, speaks outside of U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — Dozens of U.S. House Democrats and leaders of several caucuses rallied on a chilly Tuesday morning outside U.S. Immigration and Customs Enforcement headquarters in the nation’s capital, demanding the resignation, firing or impeachment of Homeland Security Secretary Kristi Noem.

Democrats criticized Noem for the monthslong immigration operation in Minnesota in which federal immigration agents killed two U.S. citizens — 37-year-old Renee Good, a poet and mother of three, on Jan. 7, and 37-year-old Alex Pretti, an intensive care unit nurse, on Jan. 24. 

They blamed Noem for aggressive tactics used by ICE and other federal immigration agents in Customs and Border Protection and criticized the use of warrantless arrests as well as the presence of officers who are masked and unidentifiable. Such practices, as well as the deadly shootings, led to a partial government shutdown as lawmakers negotiate new constraints on immigration enforcement for the Homeland Security funding bill. 

A protest led by congressional Democrats outside U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026, attracted a crowd of up to a couple hundred. (Photo by Ashley Murray/States Newsroom)
A protest led by congressional Democrats outside U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026, attracted a crowd of up to a couple hundred. (Photo by Ashley Murray/States Newsroom)

Democratic Rep. Robin Kelly, who represents parts of Chicago where aggressive immigration enforcement occurred late last year, said more than 180 lawmakers have co-sponsored her articles of impeachment against Noem.  

“Kristi Noem brought a reign of terror to cities across the country,” Kelly said. “Everywhere they go, ICE causes death and destruction. She seems to get her kicks and giggles out of tearing families apart.”

Kelly said if Noem does not step down, Democrats will move forward with impeachment proceedings, which will likely only occur if Democrats flip the GOP-controlled House in the November midterm elections. 

The Department of Homeland Security did not respond to States Newsroom’s request for comment.  Noem is a former Republican member of the House from South Dakota.

Unannounced visits

Democrats also slammed Noem’s attempts to block members of Congress from conducting unannounced oversight visits at detention centers that are permitted under a 2019 appropriations law.

A federal judge earlier this week placed a temporary bar on a second policy from Noem that required a seven-day notice for lawmakers to conduct oversight visits. 

“We’re gonna be able to exercise our oversight responsibilities and duties without any impairment or pushback from ICE or the Secretary (Noem),” said Adriano Espaillat, chair of the Congressional Hispanic Caucus.

Most recent DHS data shows that there are more than 70,000 people in ICE detention custody across the country. It’s nearly double the number of people detained during the last fiscal year of the Biden administration, when nearly 40,000 people were in ICE detention when Biden left office in January 2025.

Other Democratic caucus leaders rallying outside ICE headquarters included the second vice chair of the Congressional Black Caucus, Lucy McBath of Georgia; the chair of the Congressional Asian Pacific American Caucus, Grace Meng of New York; the chair of the Democratic Women’s Caucus, Teresa Leger Fernández of New Mexico; and the chair of the Congressional Progressive Caucus, Greg Casar of Texas. 

The Progressive Caucus has vowed to oppose any approval of funding for ICE following Pretti’s death.

 

U.S. Rep. Ilhan Omar, D-Minn., speaks as Democratic members of Congress protest outside of Immigration and Customs Enforcement headquarters in Washington, D.C. on Tuesday, Feb. 3, 2026. (Video by Ashley Murray/States Newsroom) 

 

However, even if the Homeland Security bill for fiscal year 2026 is not approved, DHS still has roughly $175 billion in funding for immigration enforcement that was provided from President Donald Trump’s signature tax cuts and spending package signed into law last summer.   

Casar called for an end to Trump’s mass deportation campaign and immigration enforcement across the country.

“We are united as Democrats and united as a country, marching in the cold in Minneapolis, facing tear gas from coast to coast, marching to demand that we impeach Kristi Noem, that we end Donald Trump’s mass deportation machine, and that we focus on the well-being and the constitutional rights of everyday people in the United States,” Casar said.   

Democratic Rep. Ilhan Omar, who represents parts of Minneapolis, said her district is “currently under occupation” from ICE and CBP. She said students are afraid to go to school and immigrants are terrified to go to hospitals “because our hospitals have occupying paramilitary forces.”

Last week, a man rushed at Omar and used a syringe to squirt apple cider vinegar on her during a town hall where she called for ICE to be abolished and addressed concerns about immigration enforcement in Minneapolis. She was unharmed, but the attack followed an increase in threats to members of Congress, and the president has verbally attacked her multiple times.  

Body cameras

Following the shootings in Minneapolis and sharp criticism from Republicans in Congress, Noem on Monday announced that immigration agents across the country would receive body cameras. 

But California Democratic Rep. Norma Torres said body cameras were not sufficient, and she urged legal observers to keep recording and documenting ICE and CBP officers.

“Body cameras are not going to be enough if they continue to hide the evidence,” she said. 

Don Powell, 67, of Austin, Texas, attended a protest held by congressional Democrats outside the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026.(Photo by Ashley Murray/States Newsroom)
Don Powell, 67, of Austin, Texas, attended a protest held by congressional Democrats outside the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026. (Photo by Ashley Murray/States Newsroom)

House Democrats were joined by about 200 protesters calling for Noem to resign. 

Don Powell, 67, of Austin, Texas, said he and his wife have been traveling around to anti-ICE protests.

“It’s just the immorality of how they are treating children and adults. Nobody deserves to be treated that way for the crime, in theory, that they committed of crossing a border,” Powell said.

He also expressed objection to the Trump administration’s policy of deporting immigrants to “some foreign country they’ve never been to.” 

Those removals of an immigrant from the U.S. to another place that is not their home country are known as third-country removals. The Trump administration is currently being sued over the practice by immigrant and civil rights groups. 

Jeanne Ferris, 71, of Bethesda, Maryland, attended a protest held by congressional Democrats outside the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026.(Photo by Ashley Murray/States Newsroom)
Jeanne Ferris, 71, of Bethesda, Maryland, attended a protest held by congressional Democrats outside the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C., on Feb. 3, 2026.(Photo by Ashley Murray/States Newsroom)

Jeanne Ferris, 71, of Bethesda, Maryland, said she’s been to 16 anti-ICE rallies this year and attended 119 anti-Trump rallies in 2025.

“I’m opposed to the felon-in-chief forming his own private army and letting them loose on the American public and everybody else that happens to be there,” Ferris said.

Ashley Murray contributed to this report.

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