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Fact check: Ice agents will continue to receive their pay even during the government shut down

Checked on October 1, 2025

1. Summary of the results

During the 2025 federal funding lapse, publicly available reporting and official statements consistently indicate that Immigration and Customs Enforcement (ICE) operations are classified as excepted/essential, meaning most agents will remain on duty rather than being furloughed; agencies and journalists reporting this point to Department of Homeland Security (DHS) guidance and historical practice that protect operations deemed necessary to protect life and property [1] [2] [3]. Multiple outlets published near-identical conclusions in late September and early October 2025, noting DHS announcements that tariff collection and specific enforcement activities would continue and that more than 90% of DHS staff would be required to work [2] [3]. Sources also emphasize that while excepted employees typically continue to perform duties during a shutdown, the legal treatment of pay differs: excepted employees are generally required to work and are later eligible for back pay following passage of appropriations or specific post-shutdown legislative action, rather than guaranteed immediate pay during the lapse [4]. Reporting from outlets with differing editorial slants converges on the operational fact—ICE agents are expected to work through the shutdown—while noting variations in how pay timing and legal mechanisms have been described by officials [5] [6]. The contemporaneous sources cited span September 22 through October 1, 2025, reflecting immediate coverage of DHS statements and historical practice around past shutdowns [4] [3] [6].

2. Missing context/alternative viewpoints

The front-line summary that “ICE agents will continue to receive their pay” omits crucial legal and budgetary distinctions that appear across reporting: being required to work (excepted status) is not identical to receiving immediate pay during a lapse, and whether agents are paid on schedule depends on specific Treasury rules, agency payroll timing, and whether Congress later authorizes back pay [4] [1]. Some outlets stress that DHS operations will continue but caution about administrative disruptions — overtime accrual, delayed reimbursements, and contractor impacts — that can affect individual compensation and morale even if core enforcement activity persists [3] [6]. Coverage that emphasizes continuity of operations sometimes relies on DHS statements about mission-critical functions without fully laying out scenarios where staffing strains, legal challenges, or funding-specific carve-outs could change outcomes; alternative viewpoints from labor advocates, congressional appropriators, or affected local jurisdictions raise questions about short-term cash flow for workers and the political choices that determine whether back pay is approved promptly [5] [4]. Finally, reporting timelines matter: statements issued Sept 22–Oct 1, 2025 reflect immediate policy positions by DHS and historical practice but do not substitute for later legislative developments or court rulings that could alter pay timelines or the scope of excepted work [4] [2].

3. Potential misinformation/bias in the original statement

Framing the claim as categorical—“ICE agents will continue to receive their pay”—can serve political or rhetorical aims by implying uninterrupted financial security and operational normalcy; this benefits audiences seeking reassurance about enforcement continuity and stakeholders advocating for strict immigration enforcement [2] [1]. Conversely, opponents of continued enforcement or critics concerned about spending may emphasize the technical difference between being required to work and the timing of pay, highlighting stories of federal employees who worked during past shutdowns and waited for retroactive pay to underscore vulnerabilities or advocate for policy change [4] [5]. Media or officials who stress continuity without clarifying pay timing may inadvertently minimize the fiscal uncertainty facing rank-and-file employees and contractors; such omissions advantage institutional actors focused on portraying readiness while obscuring who bears short-term financial risk [3]. Given the uniformity of immediate post-shutdown statements (Sept 22–Oct 1, 2025) that ICE operations would continue, the principal potential for misinformation lies not in the operational claim but in conflating "will work" with "will be paid on schedule"—a distinction repeatedly noted across the sources and central to assessing who benefits from the framing [1] [4] [2].

Want to dive deeper?
How does the government shutdown affect ICE detention facilities?
What are the essential functions of ICE agents during a government shutdown?
How does the shutdown impact ICE recruitment and hiring processes?
Do ICE agents receive back pay after a government shutdown?
What is the history of ICE operations during past government shutdowns?