The Department of Homeland Security (DHS) is (supposedly) shut down, because of Congress’s failure to fund the agency for 2026. Yet agents from CPB and ICE, both parts of DHS, continue detaining immigrants and terrorizing communities. In this blog post, we will explain why the government shutdown has not stopped the Trump Administration’s reign of terror.
Why the Department of Homeland Security is Shut Down
A little background: Every year, Congress has to pass a spending bill for each part of the federal government. The DHS funding bill was still being negotiated when ICE ramped up its enforcement efforts in Minneapolis, arresting thousands of people (many with no criminal record) and killing two protestors. Congressional Democrats finally grew a backbone and said they wouldn’t vote to fund the agency unless some guardrails were imposed, such as requiring officers to wear body cameras, present identification, and leave their faces uncovered. Republicans refused, claiming these measures would “cripple law enforcement” and put officers at risk of being doxxed and targeted. At an impasse, Congress left town for their President’s Day recess without a funding bill in place. So, once a temporary funding bill expired on February 13, DHS and all of its agencies were shut down.
Why ICE and CBP Continue Enforcement During a Shutdown
So, why didn’t that stop ICE in its tracks? Because when Congress passed the President’s Big Ugly Bill in July 2025, it included tens of billions of dollars for immigration enforcement. So, even without new funding, the agency has plenty of money in the bank. In addition, during any government shutdown, personnel deemed essential continue working, even though they may not be paid until after the government reopens. Ninety percent of DHS employees have not been furloughed. And, some of them—particularly law enforcement officers—will likely still get a paycheck even during the shutdown, as they did in 2025.
What Oversight and Accountability Functions are Affected
Unfortunately, the shutdown will almost certainly curtail important oversight work being done at DHS. The Inspector General’s office, which serves as the watchdog of the agency, has suspended 85 percent of its investigations. The Office of Detention Oversight, which inspects ICE’s detention centers to ensure they meet basic standards, is likely shuttered. During the 2025 lapse in government funding, all of its employees were furloughed. Also, the shutdown makes it challenging to get basic information about immigration enforcement efforts, as the DHS website is not being actively managed.
What This Means Going Forward
As both sides in Congress are dug into their positions, they seem unlikely to agree on a bill funding DHS anytime soon. Meanwhile, the Kavanaugh stops, tear gas deployments, and restaurant raids continue apace. If you or a loved one is caught up in this dragnet and need legal advice, please contact us.