This country is more fractured than it ever has been. And it’s only going to get worse before it gets better.
Because ICE told Congress where they could shove their demands in a move with huge ramifications.
Congressional Oversight Disrupted by Shutdown
The ongoing government shutdown has upended a hard-won privilege for lawmakers, as U.S. Immigration and Customs Enforcement (ICE) officials informed a federal judge that the requirement granting Congress access to ICE detention facilities expired with the lapse of spending legislation on October 1.
This development has stripped Democrats, who long championed this oversight mechanism, of their ability to inspect these centers for the duration of the funding impasse.
The access provision, embedded as a “rider” in the 2024 Homeland Security funding bill, allowed members of Congress to visit certain ICE facilities without prior notice and permitted congressional staffers to do so with 24 hours’ notice.
With the new fiscal year 2026 starting without a budget agreement, ICE argues that the rider, known as Section 527, no longer applies. Ralph Ferguson, ICE’s mission support overseer, stated in a court filing, “With the expiration of the FY2025 continuing resolution, ICE is no longer using for detention operations … any funds that were appropriated subject to Section 527.”
Funding Lapse Fuels Policy Clash
The government shutdown, triggered by Democrats’ filibuster of funding bills over disputes involving Obamacare subsidies and health coverage cuts in the Republicans’ summer budget, has implications for ICE operations.
While essential functions like arrests and deportations continue, ICE is now relying on funds from the Big Beautiful Bill budget law and preliminary fiscal year 2026 allocations—neither of which include the Section 527 rider.
Andrew “Art” Arthur, a former Capitol Hill immigration staffer and immigration judge, now with the Center for Immigration Studies, supports ICE’s stance. He noted, “This is a contingency that congressional Democrats placed on Department of Homeland Security funding. Now that we are in a government shutdown that funding is no longer flowing, that rider no longer applies.”
Despite the funding lapse, ICE’s detention centers remain operational, though officers and agents are working without paychecks.
Tensions Rise Over Facility Access
The loss of access has intensified existing friction between Democrats and ICE, particularly as Democrats have pushed for greater transparency in detention operations. A notable incident in June 2025 saw Rep. LaMonica McIver of New Jersey charged with impeding ICE officers during a contentious attempt to enter a Newark detention facility.
McIver, defending her actions under the Constitution’s “Speech or Debate” clause, is fighting the charges, alleging selective prosecution.
ICE has since tightened its access policies, citing “operational conditions” and limiting the Section 527 rider’s scope to long-term detention centers, excluding initial processing facilities.
This reinterpretation prompted a lawsuit led by Rep. Joe Neguse, a Colorado Democrat, which is now complicated by the shutdown. Judge Jia Cobb, overseeing the case, has requested further briefs to address next steps.
ICE’s stance affects all lawmakers but hits Democrats hardest, given their vocal advocacy for oversight. Neither ICE nor Neguse’s office responded to inquiries, leaving uncertainty about whether any lawmaker has yet been denied entry under this new policy.
