Former MA Congressman Reflects on Voting Against ICE Creation

Mike Capuano explains his 'no' vote on the Homeland Security Act of 2002.

Published on Feb. 13, 2026

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Former Massachusetts U.S. Representative Mike Capuano joined WBUR's Morning Edition to reflect on his decision to vote against the Homeland Security Act of 2002, which led to the creation of U.S. Immigration and Customs Enforcement (ICE). Capuano, along with most of the all-Democratic Massachusetts Congressional delegation at the time, opposed the legislation.

Why it matters

Capuano's vote and perspective provide insight into the political climate and concerns around the formation of ICE, a federal agency that has faced significant controversy and criticism in recent years over its immigration enforcement practices.

The details

The Homeland Security Act of 2002 consolidated various federal agencies into the new Department of Homeland Security, and this legislation also led to the creation of ICE. Capuano, who represented Massachusetts' 8th congressional district from 1999 to 2019, was one of the lawmakers who voted against the bill.

  • The Homeland Security Act of 2002 was passed by Congress and signed into law by President George W. Bush in November 2002.
  • Capuano served in the U.S. House of Representatives from 1999 to 2019.

The players

Mike Capuano

A former U.S. Representative from Massachusetts who served from 1999 to 2019 and voted against the Homeland Security Act of 2002 that led to the creation of ICE.

U.S. Immigration and Customs Enforcement (ICE)

A federal law enforcement agency under the U.S. Department of Homeland Security that has faced significant controversy and criticism in recent years over its immigration enforcement practices.

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What they’re saying

“I was very concerned about the creation of a new agency, a new department, that would have so much power over people's lives.”

— Mike Capuano, Former U.S. Representative (WBUR)

The takeaway

Capuano's opposition to the Homeland Security Act and the creation of ICE highlights the ongoing debates around the role of federal immigration enforcement and the balance between national security and civil liberties.