As the U.S. government shutdown drags on, a select group of federal law enforcement officers will continue to receive their paychecks—an exception that has sparked questions about fairness, funding legality, and political motivations. According to internal documents and statements from U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) will continue to be paid even as most other federal employees face delayed compensation.
Homeland Security’s Internal Plan
The Department of Homeland Security (DHS) has confirmed that ICE and CBP employees will receive a “supercheck” by October 22. This payment will cover all hours worked during the ongoing shutdown period and include their regular biweekly earnings. The decision reportedly came after DHS leaders met to identify which positions would remain “essential” under the current administration’s enforcement priorities.
Homeland Security Secretary Kristi Noem stated that the move ensures “critical law enforcement personnel remain fully operational to protect America’s borders, enforce immigration laws, and keep communities safe.” The department emphasized that the affected employees fall within DHS’s 70,000-strong law enforcement ranks, which also include Secret Service agents, Transportation Security Administration (TSA) officers, and members of the U.S. Coast Guard.
Who Will Continue to Receive Pay
The payment decision primarily benefits federal law enforcement officials whose roles are directly tied to national security and immigration enforcement. These include:
- ICE officers engaged in immigration enforcement operations, including field arrests and deportations.
- CBP Border Patrol agents, who continue to patrol the southern and northern borders.
- CBP officers stationed at ports of entry conducting customs inspections and interdictions.
- Air and Marine Operations personnel supporting border and maritime enforcement efforts.
- TSA Federal Air Marshals, who protect airline passengers from security threats in flight.
These employees were informed that they will remain on active duty and receive full pay despite the lapse in federal funding. The decision aligns with the administration’s stance that immigration and border security are national priorities, even during a fiscal shutdown.
Who Will Not Be Paid
However, not all DHS employees are covered by the exemption. TSA security screeners—who handle airport passenger screening—are expected to work without pay until funding is restored. The same applies to numerous administrative, support, and compliance staff across federal agencies.
In previous shutdowns, most of these employees were considered “essential” and required to continue working, but they did not receive pay until Congress approved new funding. A 2019 law guarantees back pay for federal employees once a shutdown ends, but the Trump administration has reportedly questioned whether that law applies to the current fiscal impasse.
Uncertainty About Funding Sources
One key question remains unanswered: how DHS is funding the continued pay for ICE and CBP personnel. The agencies’ annual appropriations expired on September 30, the official start date of the government shutdown. According to prior DHS budget records, roughly 97% of CBP’s workforce and 95% of ICE’s employees depend on annual congressional appropriations.
Union officials and internal memos suggest that DHS is attempting to reclassify certain law enforcement expenses under “mandatory operational funding,” allowing payroll to continue temporarily. However, DHS has not publicly confirmed how long this funding workaround can last or whether it complies with federal budget law.
Legal and Political Implications
The selective continuation of pay for border agents and immigration officers has sparked debate across Washington. Supporters argue that maintaining pay for critical enforcement personnel ensures border operations remain effective and deters illegal activity during a vulnerable time. Critics, however, view it as a politically motivated decision that favors agencies aligned with the administration’s policy goals.
Civil service advocates have also raised concerns that granting special pay exemptions to certain federal workers could violate federal employment parity principles, potentially setting a precedent for unequal treatment in future shutdowns.
Moreover, the move could invite legal scrutiny. Federal budget experts note that paying employees without congressional appropriations could conflict with the Antideficiency Act, a law prohibiting the government from spending money not approved by Congress. Any reallocation or reclassification of funds to maintain payroll may therefore face legal challenges if deemed inconsistent with statutory authority.
Broader Context and Impact
The current shutdown—triggered by congressional gridlock over spending priorities—has affected a wide range of federal operations, from national parks and regulatory agencies to consumer protection offices and social programs. While law enforcement agencies like ICE and CBP remain active, thousands of other federal employees are either furloughed or working without pay.
The decision to continue pay for certain DHS employees reflects broader efforts by the Trump administration to reinforce its immigration enforcement agenda. The White House has highlighted ongoing “surges” of ICE and CBP agents deployed to major cities such as Chicago and New York—areas the administration has described as “sanctuary jurisdictions.”
At the same time, the administration has pledged continued pay for military personnel and FBI agents, framing the move as a measure to preserve national security and public safety amid fiscal uncertainty.
Looking Ahead
While ICE and Border Patrol agents can expect pay continuity for now, the duration of this arrangement remains unclear. If Congress fails to reach a funding agreement soon, DHS may face mounting pressure to explain how it is sustaining payroll under the constraints of federal appropriations law.
For thousands of other government workers left without pay, the news offers little relief. Federal unions have warned that uneven compensation practices could deepen morale issues and erode trust within the public sector.
As the shutdown continues, the legal community and policy experts will be closely monitoring how DHS justifies this selective funding strategy—and whether it stands up to legal and ethical scrutiny.
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