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

AP Photo/Chris Carlson

Immigration and Customs Enforcement officials are pointing to the ongoing government shutdown as a reason to deny members of Congress access to detention facilities, claiming that they do not have adequate staff or funding to handle such visits.

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.

According to a report Monday by Politico’s Kyle Cheney and Myah Ward, ICE is using the shutdown as an excuse to deny congressional access:

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].”

Politico’s report added that when congressional Democrats emailed requests to visit ICE facilities, these requests were “denied or met with auto-replies.”

“Due to the current hiatus in federal funding, ICE Office of Congressional Relations staff are currently out of the office and unable to respond to emails, phone calls, or perform other work-related duties. Once funding is restored, normal operations will resume,” read one auto-reply emailed to a member’s office.

As Politico noted, the Trump administration offices that are “tasked with immigration enforcement have retained significantly more staff than in prior shutdowns, and immigration enforcement operations have continued without interruption — further buffered by mandatory funding included in the One Big Beautiful Bill,” thus “ensuring [President Donald Trump’s] own priorities continue uninterrupted.”