ICE Uses Shutdown as Excuse to Block Congressional Democrats from Visiting Detention Facilities

"ICE has been battling Congressional Democrats over access to detention facilities, with the lawmakers pointing to federal law granting them oversight duties that include inspecting facilities, monitoring conditions therein, and communicating with detainees. A group of House Democrats filed a lawsuit in July against ICE, the Department of Homeland Security, DHS Secretary Kristi Noem, and Acting Director of ICE Todd Lyons, arguing that the Trump administration was unlawfully thwarting their oversight duties."

"And in court, ICE has added another explanation: As a result of the shutdown, there's now no law on the books that requires the Trump administration to accommodate lawmakers' visits. That requirement had been contained in government funding laws that expired when the shutdown began. Instead, ICE informed U.S. District Judge Jia Cobb that it is now funding its operations with appropriations made in the One Big Beautiful Bill Act, which does not require congressional access."

"In a filing titled Notice Regarding Source of Funds, attorneys with the Department of Justice wrote, With the lapse in appropriations following the expiration of the FY2025 Continuing Resolution at 12:00 A.M. on October 1, 2025, ICE is no longer funding the operation of its detention facilities (including the adoption and implementation of the Congressional visitation protocols at issue in this action) with any funds that were appropriated subject to [the provision related to the requirement for congressional visits]."

ICE officials say the ongoing government shutdown prevents them from accommodating members of Congress at detention facilities due to inadequate staff and funding. Congressional Democrats cite federal law granting oversight duties that include inspecting facilities, monitoring conditions, and communicating with detainees. A group of House Democrats filed a lawsuit in July against ICE, DHS, DHS Secretary Kristi Noem, and Acting ICE Director Todd Lyons, alleging unlawful interference with oversight. In court, the Department of Justice stated that appropriations expired with the FY2025 continuing resolution and that ICE is operating on funds from the One Big Beautiful Bill Act, which lacks a congressional access requirement.

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