Government shuts down, but ICE keeps operating with $75B Congress can't touch
ICE's mandatory funding makes it untouchable while other agencies close
The partial government shutdown began at 12:01 a.m. on Jan. 31, 2026, affecting six of 12 appropriations bills and approximately $1.2 trillion in discretionary spending.
Key Concepts
Essential concepts and terms to understand this topic
Federalism and State Power
The constitutional system that divides power between national and state governments, determining who controls immigration, healthcare, voting, and other major policies.
IEEPA (International Emergency Economic Powers Act)
Federal law authorizing the president to freeze assets and restrict financial transactions during national emergencies involving foreign threats.
Peacetime vs. Wartime
How constitutional powers shift between Congress and the President during wartime and peacetime.
Immigration Sanctuary Cities
Jurisdictions that limit cooperation with federal immigration enforcement.
Sanctuary City
Cities that limit local law enforcement cooperation with federal immigration agents to protect residents from ICE enforcement.
Section 122 of the Trade Act of 1974
A statutory framework—distinct from Section 122—establishing the legal authority under the Trade Act of 1974 for the president to address balance-of-payments and national security trade matters.
Federalism
Power is divided between the federal government and state governments, each exercising authority in designated areas.
Key People
7CS
Chuck Schumer
Senate Minority Leader (D-NY)
Led Democratic opposition to DHS funding, demanding restrictions on ICE operations and independent use-of-force investigations
Kristi Noem
Secretary of Homeland Security
Defended immigration enforcement operations; faced calls for removal after Minneapolis shootings
Tom Homan
Border Czar
Deployed to Minnesota to manage ICE operations after Minneapolis crisis; reports directly to Trump
Mike Johnson
Speaker of the House (R-LA)
Kept House out of session during previous shutdown; indicated House won't vote on funding deal until Monday
Donald Trump
President of the United States
Signed the One Big Beautiful Bill Act making ICE shutdown-proof; reached deal with Schumer to separate DHS funding
Renee Good
Minneapolis mother of three
Killed by ICE agent on Jan. 14, 2026; her death sparked Democratic demands for enforcement reforms
Alex Pretti
ICU nurse
Killed by federal agents in Minneapolis on Jan. 25, 2026; second American death that intensified shutdown standoff
What you can do
Apply for unemployment benefits during extended shutdowns
civic action
Federal workers can apply for unemployment benefits in most states during extended shutdowns, though they must repay benefits after receiving backpay. State unemployment offices process claims; the Government Employee Fair Treatment Act guarantees eventual backpay but doesn't prevent immediate financial hardship.
Contact your senators about immigration enforcement oversight reforms
civic action
Schumer's three demands—warrant requirements, independent investigations, and body cameras—could become law if enough Republicans support them. Eight Republicans joined Democrats to block the DHS-inclusive funding package, suggesting bipartisan support for reforms exists.
Track appropriations bills at Congress.gov
learning more
Six bills passed (Justice, Commerce, Agriculture, Interior, Veterans Affairs, Legislative Branch); six remain unfunded (Defense, HHS, DHS, Labor, Transportation, HUD, Treasury, State, Education). The Congressional Record shows every vote.