Families are facing increased difficulties contacting loved ones in immigration detention or locating them during the Department of Homeland Security partial shutdown now entering its sixth week, according to U.S. Representative Julie Johnson, D-Texas.
Johnson said her office has received numerous constituent complaints about being unable to locate family members or secure medical treatments for those held in detention. The lawmaker also cited inconsistent responses from the administration regarding congressional oversight authority during the funding lapse.
The Texas Democrat planned an unannounced visit to the Dallas ICE field office this week to examine conditions, though her staff members were not permitted to enter. Johnson visited the facility in part because of Mohammad Nazeer Paktiawal, an Afghan asylum seeker who aided U.S. Special Forces and died less than a day after being taken into immigration custody.
What the Right Is Saying
The White House and Republicans have spent weeks blaming Democrats for the shutdown, arguing it blocks necessary programs while allowing immigration enforcement to continue. During a confirmation hearing for Sen. Markwayne Mullin, R-Okla., to serve as DHS secretary, Republicans criticized the shutdown's impact on programs.
Republicans have argued that Democrats should fund the agency before seeking changes to immigration enforcement. The party has emphasized that immigration enforcement itself has continued uninterrupted during the shutdown, funded by billions appropriated in the One Big Beautiful Bill Act passed last summer.
DHS has disputed claims about inadequate oversight reporting. 'DHS remains committed to civil rights protections and is streamlining oversight,' according to a department spokesperson, who stated that previous offices 'had obstructed immigration enforcement by adding bureaucratic hurdles and undermining DHS's mission.'
The spokesperson added that new leadership has been 'correcting these failures' and producing reports that 'accurately and honestly reflects the true CRCL workload.'
What the Left Is Saying
Johnson argued that constitutional oversight obligations persist regardless of government funding status. 'Regardless of whether a federal agency or department is open, constituents have a fundamental right to information about loved ones in custody or detention. Members of Congress also have a constitutional obligation to conduct oversight,' she said in a statement.
The Democrat introduced legislation this month requiring DHS to continue communicating with congressional offices during funding lapses. She emphasized that if ICE can continue operations during a shutdown, Congress must retain the ability to communicate with the agency and secure critical information for constituents.
Immigration attorneys echoed concerns about access disruptions. 'The biggest issues are not necessarily outright denials of access, but delays, lack of clarity,' said Marium Uddin, an immigration attorney in Texas. 'Even small disruptions in those communication channels can have serious consequences for individuals in detention.'
New York Democrat Dan Goldman was able to make unannounced visits to the Metropolitan Detention Center in Brooklyn and detention space at 26 Federal Plaza, contrasting with prior shutdown restrictions that barred such visits. Lawyers have successfully challenged those policies in court, though the administration is appealing.
Former employees of DHS's Office of Civil Rights and Civil Liberties recently accused the department of providing lawmakers with a misleading report, claiming the agency underreported the number, scope and outcome of complaints in its fiscal year 2024 annual report, which was only 17 pages compared to 129 pages the prior year.
What the Numbers Show
Homeland Security Secretary Kristi Noem stated that approximately 100,000 DHS employees are currently furloughed during the shutdown, though the specific areas affected remain unclear.
During a prior government-wide shutdown lasting more than six weeks in the fall, DHS confirmed that its Office of Detention Oversight was not functioning. It remains unknown whether internal oversight offices, including the slimmed-down Office of Immigration Detention Ombudsman and the Civil Rights and Civil Liberties office, are operational during the current lapse.
Immigration enforcement continues uninterrupted because DHS received dedicated funding for deportation and detention goals as part of the One Big Beautiful Bill Act. The shutdown does not affect immigration courts, which operate under the Department of Justice.
The fiscal year 2024 civil rights report from DHS was 17 pages, down from 129 pages the prior year. Former CRCL employees said the department omitted information including investigations and recommendations on the ICE detainee locator, disaster relief program management, and use of the Migrant Operations Center at Guantanamo Bay.
The Bottom Line
The partial DHS shutdown has created uneven impacts on oversight and family access to information about detained loved ones, with Democrats arguing constitutional obligations persist during funding lapses while Republicans blame the minority party for the political stalemate.
Johnson's proposed legislation would require DHS to maintain communication channels with Congress during future shutdowns, addressing what she calls a fundamental oversight gap. The department has not confirmed whether internal oversight offices are operational during the current funding lapse.
The dispute over detention facility access comes amid broader concerns about DHS accountability, with former employees accusing the department of downgrading civil rights oversight reporting. The administration has denied these claims and is appealing court rulings regarding congressional access to detention facilities during prior shutdowns.