Trump Says ICE Will Fix TSA Lines Monday — Thats Illegal And Weakens Security

With security lines at airports backing up for hours in some places, as TSA screeners call out sick during the partial government shutdown, President Trump is calling for them to be replaced by ICE agents. I guess starting Monday, if you forget to take your laptop out of your bag you get deported?

ICE will do the job far better than ever done before! …I look forward to moving ICE in on Monday

I take President Trump just to be threatening to do something that Democrats will hate, if they don’t capitulate on funding for the Department of Homeland Security without significant concessions on agency policies.

However, this plan is not legal, isn’t close to viable, and would be bad for both airport security and Trump’s own preferred immigration policies.

  • This is not legal at least in the short-run. Federal law makes the TSA Administrator responsible for day-to-day federal screening operations and for hiring and training screening personnel. All airport screening must be supervised by uniformed TSA personnel, and screening personnel cannot be deployed unless they meet TSA-set qualifications.

    The statute requires minimum screener training, including at least 40 hours of classroom instruction before someone is permitted to work the checkpoint performing screening. This training is provided through the TSA Academy which involves weeks of required travel and training. ICE cannot legally show up on Monday and do checkpoint screening. (You could send them to the airport as extra armed presence or to fill support roles. They can be in the airport but can’t just legally act as screeners.)

  • There are too many absent screeners to replace There are about 50,000 TSA screeners. And with current 10% absence rates, that’s 5,000 people to replace. Now, on a normal day there are 2% absences. So the replacement figure they’d need is 4,000 staffers.

    In practice you would need more reserve than that, because absences aren’t evenly distributed with some airports seeing over 50% absences like Houston Intercontinental.

    This would have to be a traveling force, staying in hotels, moving to where they’re needed. A fixed ICE deployment would be chasing a moving target, since demand varies by airport and by day.

  • Trump would be walking away from border enforcement. A 4,000-person airport surge would consume about 20% of the ICE (and about 40% of the pre-Trump surge at ICE).

  • And fewer terrorism investigations. Homeland Security Investigations agents have already been reassigned to immigration duties. Their 7,000 special agents normally focus on terrorism, trafficking, money laundering, arms, financial crimes, child exploitation, and IP theft. So that group gets stretched further.

Immediate replacement of absent TSA screeners with ICE agents isn’t possible. They first need TSA qualifications, and those can’t statutorily come by “Monday.” In any case, ICE agents are not trained for checkpoint screening, so you get slower processing, more mistakes, and likely more conflict in the airport. Plus, it pulls manpower away from both immigration and homeland security investigations.

Especially after Minnesota, I don’t think we want an ICE surge in airports, which would appear like immigration enforcement at airport checkpoints. I get why you wouldn’t detail IRS agents to airports right as we head into tax season, but why ICE?

The better take comes from Florida Governor Ron DeSantis, who says we should privatize TSA, even though his argument for it is fairly unsophisticated.

We should separate out regulation of airport security from actually performing the screening function like most major Western countries do, because having an agency regulate itself is a bad practice if you care about security and accountability. You don’t just get more consistent, reliable funding you get better security.

Unfortunately, only 20 airports (San Francisco, Kansas City, Sarasota and some small ones) have been able to participate in the ‘Screening Partnership Program’ that allows this today. The TSA largely blocked airports from being added during the Obama and Biden administration. And the program itself is hardly a best practice, since there’s not a competitive process or airport say in which company gets the contract. The screening company is assigned by TSA.

In any case, as for the idea of ICE agents showing up Monday to do airport security, there is an actual White House counsel. Maybe nobody listens to him. But he’d presumably introduce 49 USC § 44901 which would first require the ICE agents to actually transfer to TSA under the authority and supervision of the TSA administrator, and then go through the statutory minimum training which currently takes several weeks (and there’s not enough throughput to train up replacements quickly at scale in any case).

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. @ Gary — What this is is stupid. Dear Leader, PLEASE do this! This will be another step toward an approval rating < 30%. We'll get there, eventually. Likely, sooner than expected. What a moron.

  2. Actually, ICE agents are already trained for this, possibly better than TSA agents are. The “C” in ICE stands for Customs. They’re trained to spot things that should not be brought into the country. I have no doubt they would have a problem screening baggage and passengers.

    I also doubt there would be a legal issue – federal employees are routinely reassigned temporarily from one agency to another, though if it becomes an issue, a TSA supervisor can be assigned.

  3. What @Gene said. Folks don’t want to see ICE agents at the airport. Dems will protest etc. but they’d be smart not to – the whole dispute is about ICE! As you note it takes ICE agents off the “front lines” (whatever those are) if they have to be reassigned. And it makes those agents front and center with the 50% of the American people that fly every year. Everyone knows this has nothing to do with the TSA and they are just pawns in a larger fight – if it was about the TSA, the standalone bill to fund the TSA could have been passed already.

    That said, so many loopholes. Same statute you linked to says TSA administrator can enter into a MOU with orgs like ICE to provide personnel to help with ‘training’. ICE agents probably have no clue how to operate an x-ray machine but i’d wager it’s not rocket science to help people with the bins / push the bags into the screener / help waive people through the metal detectors / screeners. Those ICE agents can “train” TSA agents how to do those tasks. “Now, watch me as I don’t smile while pushing this bag through the screener because I just got reassigned to work airport security…”

    (g) (1) Use of other agencies.—
    The Administrator may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of security screening personnel.

  4. @Peter – they can work with other agencies on training, not screening. Screeners must be under the authority of the TSA administrator, and must meet statutory minimum training before they can do screening.

  5. @Dan – it doesn’t matter if ICE agents can “spot things that should be not brought into the country” – and screening is not rocket science. But the statute sets specific minimum training specifically for screening. And the statute also says how other agency employees can be used – to train screeners, not to be screeners. The law is quite explicit.

  6. And there is this: TSA background checks for employment or security credentials (like TWIC/PreCheck) look back 7–10 years for felonies, including violent crimes, smuggling, or fraud. Permanent disqualifiers include treason, terrorism, and espionage. For lesser felonies or drug convictions, disqualification usually lasts five to seven years from conviction or release.

    Going to take some weeding through.

  7. Another dumb idea. It will make things slower and worse. Not to mentioning less safe.

    Simple answers if the politicians on the right cared is to pass any of the standalone TSA, FEMA, CISA, Coast Guard bills.

    They won’t so all of this mess is on them.

    Just remember who is really causing the problems when you vote.

    Americans tend to have a 90 second memory.

  8. I assume this assignment would be after ICE opens the Straight of Hormuz and creates all of the jobs that have been lost over the last 12 months

  9. I cut and pasted a regulation, but the special characters probably hit your screener. I cannot be bothered to do it again. Based on the US House Gov, 49 USC 44931 Authority to Exempt, if I read it right, the “Secretary of Homeland Security” may grant an exemption to the regulation you stated if they decide it is in the “public interest.” Go look at your auto screener.

    Whether putting ICE into airports is wise, I have no idea. Personally, I am flying twice next week, so I hope somebody does something.

  10. With an executive order he could make it happen. Not debating if makes sense but your argument it isn’t legal likely wouldn’t hold up w an executive order and emergency declaration by the President. Also the head of TSA reports to the President so would do what is required.

    Personally I think military or national guard troops should be deployed to assist in screening.

  11. I wonder who is currently the Secretary of Homeland Security until Markwayne Mullin is confirmed. Does anyone know?

  12. Gary your article is clearly written from the perspective of “how not to solve a problem”. President Trump is the only one out there placing the American people first.
    If your readers are honest, they know in their hearts that democratic politicians only care about regaining power. They hate that the president outsmarts them at every turn. They could care less about their constituents.
    If President Trump wants to use ICE agents at airports, he will find a way to make it work.

  13. scene: dykwia, kettle, bridge/tunnel w/ emotional support badger and karen get in to a fight over whose bin is in front of whose bin and who gets to go first through the machine

    bridge/tunnel + badger get held up

    ice pins bridge/tunnel to the floor for a ‘patdown’

    dykwia steps in to ‘save’ bridge/tunnel

    support badger attacks dykwia

    dykwia pulls ice sidearm to put down that badger

    ice guns down everyone

    this is going to end well

    what could go wrong?

  14. @ hagbard celine. LOL. Put that in a movie, and I’ll be your movie will win an Oscar next year.

    Support badger. Right LOL again.

  15. When I go through TSA checks there are plenty of TSA people not doing screening functions such as those getting people into lines. We will have to see if this works and if the courts are ok with it. A lot of times the initial courts make illegal rulings that have to be corrected by higher level courts.

  16. A dangerous time to fly.

    Far more guns and weapons at airports.

    The KING has ordered so.

  17. Give me a break !!! If it’s “against the law” Trump can sign an Executive Order changing the Law. You don’t have to have a PhD to screen people. ICE does it all the time! I support our President putting ICE in the deadbeat TSA agents places until the Dummycrats stop blocking funding

  18. Just close the airports, eveyone put on a blue paper mask and stay 6 feet apart. It will help bring down the price oil and eliminate the need for TSA. See COVID-19.

  19. “ if you forget to take your laptop out of your bag you get deported?”

    Only if you’re here illegally, duh

    TDS much?

  20. @Doc423 “If it’s “against the law” Trump can sign an Executive Order changing the Law. ”

    That is not how this works. That is not how any of this works.

  21. Unreal. Spending $2B per day on the war machine and somehow struggling to find 1% ($20M) per day to pay TSA agents…

  22. Gary, no offense but man get a more updated photo of DIA if you’re going to use it as an example of bad lines.
    It pains me to say this, but having been in and out of DIA four times in the past week, there hasn’t really been a problem.

  23. I think Trump is just trolling the Dems. If he really wanted security to be staffed at airports he would have told Republicans in Congress to pass the Democrat sponsored bill for stand-alone TSA funding. He wants all of Homeland Security funded, not part of it.
    He knows that the threat to send ICE anywhere will cause apoplexy among his opponents. If he actually sends ICE to airports, they’ll merely be there to be seen, and perhaps arrest a few illegal immigrants transiting the airport or working there. He will then promise to withdraw ICE as soon as the entirity of HS is funded.

  24. Actually I am surprised they are not proposing to use AI to do the TSA check, seems fairly easy, just code it to stop the black/brown people.

  25. Does this and all the other radical actions redirect the debate on The Epstein Files? Hmm, wonder if that’s a coincidence?

  26. The TSA isn’t great at what they do by any objective standard, but airport security screening is nonetheless a specialized, statutory function that requires specific training. ICE agents are not trained screeners. They just aren’t. You can’t just swap in a different federal workforce and expect the system to function. Even if we completely ignore the legal questions, which are very real, this is the kind of nonsense that happens during a shutdown. The solution is to fund the government. I know it. You know it. The Dems know it. Trump knows it. I feel this talk of ICE taking over airport security is just rage bait as a means to that end.

  27. @Mike Hunt — “When there’s a shutdown, it means the President is weak.” Huh. (Call me ‘dumb’ please.)

    @Gene gets it. 225 days until midterms. Can’t come soon enough.

    By the way, recently PreCheck with TouchlessID saved me where CLEAR wasn’t; otherwise, looked like 30+ minutes wait (not great, not terrible.)

  28. Republicans control all 3 branches of government.

    Democrats introduced 7 bills to fund TSA.

    Each one was blocked by Republicans.

  29. @Gary – I’m not an expert in any of this, but where does it say that non-TSA personnel cannot act as screeners? 44901(a) just says the screening has to be done by a federal government employee (with a carve out for the screening partnership program that you write about) and 44901(b) says that it has to be supervised by a TSA agent that can dismiss any individual screener.

    You’re of course referring to the sensible employment standards for TSA screeners in (g)(2) which among other things expressly mandates 60 hours of on the job training. But I’m not seeing where there is a prohibition on a non-TSA federal government employee acting as a screener, that person just can’t be a TSA employee without having met the sensible employment standards.

    And given that the statute expressly authorizes training, including recurring training in section (I), it could provide some further ground to establishing ICE’s presence at TSA checkpoints. 44935(g)(1) authorizes an MOU with ICE to provide the training. An MOU between TSA-ICE could provide that ICE is there to “help assist in training TSA agents” and they are to be supervised “as trainers” by the head TSA officer on site who has the power to dismiss the ICE trainers as needed.

    And all of that is before @Other’s good point about the exemption that 44931provides – “The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest.” @Other – my understanding is Noem is still Secretary until replacement is confirmed.

    Don’t get me wrong, all of this is no way to run a government let alone airport security, agree with @Mike H, etc. I’m not sure it’s illegal per se.

  30. Andy,
    surely you realize that everyone of those blue bills restricted what ICE could do?

    and Mike Hunt,
    as usual you get it but let’s also not presume that ICE agents can’t be trained to actually screen passengers; 40 hours is just not a big hurdle. and the hardest task TSA does is reading the scanning machine. It doesn’t take a huge amount of training to check IDs (which ICE does quite well) and ensure items are properly loaded into bins before going into the Xray.

    and, yes, it will blow some people’s minds if they show up to an airport and see someone with an ICE uniform at the security checkpoint.
    The average legal resident traveler could care less who does the work; they want long lines to go away.
    The IRS has law enforcement personnel that can chip in too!

  31. Well maybe if the left wasn’t holding this country’s security hostage this wouldn’t be an issue, but let’s just blame someone else for the left’s poor decision making, that’s their mantra after all any way. Let’s blame someone else for our own failings. SMH.

  32. While they are checking ID’s, maybe they could hand out DOGE checks or Tariff checks?

  33. Just how much screening training did these ice clowns receive? Knowing their background, how much are they likely to steal from passengers, and how many innocent passengers are likely to be shot because they triggered the metal detector?

  34. And to think people were concerned because Kamala spoke in a :word salad”? All we’re seeing here is exactly how the dope in chief went bankrupt 6 times. 4 times in the casino industry for f’s sake. Wow!

  35. President Trump uses more common sense than any other recent presidents. If airport lines are getting too long, of course it makes sense to use other available law enforcement personnel. Further, the ICE personnel do not need to do screening until they are fully qualified. As Tom Homan explained, “How much training is needed to guard an exit?”
    The problem with the left today is their only objective is to muck things up. President Trumps primary objective is to make things better. That’s why he continues to beat these professional politicians at their own game.

  36. I’ve travelled to approximately 80 countries, mostly during my Fed career, some multiple times. I read this column because I still have an interest in what many of you say about various issues that affect travel. I’m oft time impressed by the comments; occasionally not.

    But this issue, and subsequently the political reactions/issues you (as in all these political issues, left and right) bring up, bother me. Let’s get back to the main substance Gary L. usually addresses.

  37. @ BMG — Illegal? Gimme a break. Illegal is stealing hundreds of billions from the federal government while being an Orange Asshat.

  38. I’m curious . Has this so called journalist ever reported on covering the Dem party opening supporting and encouraging paid criminals to destroy cities like in Cali. NY all Dem cities? A story on the exposed fraud of day cares? The interference paid for by the left to try and stop ICE, federal agents from doing their jobs? Ect, ect…or as usual not part of your agenda or the idiot boss that pays you to divide the USA citizens…?

  39. As a Republican I am torn between telling Gary to “stick to travel news” and explaining to all your libs why this flaming clown car driven by the antichrist that flew off the mountain long ago is actually leading us into a new golden age.

  40. I can’t believe I agree with Mo-Ron DeSantis on anything – but yes, airport screening needs to be contracted out to security providers as it was years ago. Problem such as this did not happen,

  41. Some of these responses are pure TDS. Seriously the people that secure our borders can’t act as screeners at an international airport that is actually a border access? And for you to think those clowns they hire for TSA are all rocket scientist and ICE couldn’t replace them well you don’t see TSA at the border do you?
    As of March 2026, Immigration and Customs Enforcement (ICE) agents are legally authorized to conduct immigration checks and screenings at U.S. airports. While the Transportation Security Administration (TSA) handles general security screening, ICE agents have authority to enforce immigration laws in airports, particularly at customs and international arrival areas

  42. Fortunately my home airport is SFO…no problems SO FAR. But, as I write this, Markwayne Mullin has been confirmed (God help us), and I’m flying today from PWM to MSY with a connection @ DCA. And while I didn’t pack any of my anti-Trump t-shirts, I find myself hoping I can resist making comments under my breath that will p*** someone off enough that they revoke my Pre-Check/Global Entry status. Maybe duck tape?

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