Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Fact check: Is ice paid during a shutdown
Executive Summary
The factual record shows that most U.S. Immigration and Customs Enforcement (ICE) personnel are designated "excepted" or essential and will continue to work during a government shutdown, but they will not receive paychecks until funding is restored and backpay is paid under existing law. Federal guidance and agency contingency plans from late September and October 2025 consistently state that roughly 93% of ICE staff will remain on duty, with pay deferred and owed once the shutdown ends [1] [2] [3].
1. Why ICE keeps working — and why pay is postponed: law, policy, and contingency plans that matter
Federal agencies classify employees as excepted (must work) or furloughed (sent home) when annual appropriations lapse; the Office of Personnel Management explains that excepted employees continue to perform duties to protect life and property but do not receive paychecks until the shutdown ends, after which backpay is guaranteed under the Government Employee Fair Treatment Act of 2019 [3]. Department of Homeland Security contingency documents provided in late September and early October 2025 apply this framework to ICE, identifying most of its workforce as necessary for law-enforcement and border functions and therefore continuing operations without immediate pay [1] [4].
2. How many ICE workers are affected — the numbers lawmakers and the public are quoting
DHS contingency assessments published near the start of the shutdown estimate roughly 93% of ICE personnel — about 19,626 people — will continue working because their duties are deemed essential to homeland security and enforcement operations. Those numbers mirror multiple agency statements and reporting from late September and October 2025, reinforcing a consistent internal classification and operational posture that keeps arrests, removals, and other enforcement tasks ongoing even as pay is deferred [1].
3. What ICE itself and DHS publicly announced — continuity, tariffs, and enforcement
Public statements from DHS and ICE around September 27 through October 1, 2025, announced that tariff collection and immigration enforcement would continue during the funding lapse and that law-enforcement personnel would remain on duty. These announcements emphasize continuity of operations, signaling the agencies’ legal obligation to maintain critical functions. The agencies acknowledge the reality that many personnel will effectively work without immediate pay, but that pay will be provided retroactively when Congress restores appropriations [4] [2].
4. What federal pay rules require — premium and overtime pay during shutdowns
OPM guidance clarifies that excepted employees are eligible to earn premium pay for overtime hours during a shutdown; however, those extra earnings are not disbursed until after the lapse ends. That means ICE officers who work additional hours during a shutdown will accrue, not pocket, the overtime until backpay is processed. The guidance underlines the distinction between continuing to perform essential duties and the timing of compensation, a point central to employee financial hardship debates during shutdowns [3].
5. Political framing and competing narratives — how statements differ by source
Statements from various political actors and affiliated outlets in early October 2025 frame the continuation of ICE operations differently: some emphasize law-enforcement continuity and public safety, while others highlight the hardship of working without pay. These narratives reflect distinct agendas — operational continuity supports claims of readiness, whereas emphasis on withheld pay underscores human and political costs. The underlying facts, however, remain consistent across statements: ICE will continue to operate and pay will be deferred until appropriations resume [5] [6] [2].
6. What this means for ICE employees and the public — practical implications and likely outcomes
Practically, ICE personnel designated excepted will report to duty, accrue regular and premium pay, and face the short-term reality of delayed compensation. Historically, backpay has been granted post-shutdown under existing federal law, meaning employees will receive retroactive wages, but timing and cash-flow issues can create immediate financial strain. For the public, continued ICE operations mean enforcement activities persist during a lapse, with no statutory pause in deportations or other critical functions described in agency plans [3] [1].
7. Bottom line and open questions to watch — fiscal mechanics and political resolution
The clear bottom line from late September and early October 2025: ICE will work through the shutdown and is legally entitled to backpay once Congress funds the government; the key uncertainties are the duration of the shutdown, the timing of backpay disbursement, and potential policy shifts contingent on appropriations riders. Observers should watch congressional action, OPM implementation timetables, and DHS payroll communications for updated details on when exactly paychecks and overtime payments will be delivered [2] [7].