Immigration and Customs Enforcement Cites Federal Funding Deadlock as Reason for Delay in North Carolina Public Records Lawsuit

ICE asks a judge to pause a North Carolina lawsuit over immigration records, citing DHS funding furloughs despite receiving record budgets last year.

By: AXL Media

Published: Mar 21, 2026, 7:13 AM EDT

Source: Information for this report was sourced from The Charlotte Observer.

A Judicial Standstill Over DHS Transparency

A legal battle between immigrant advocacy groups and the federal government intensified this week in North Carolina’s western district. Immigration and Customs Enforcement (ICE) has formally asked a judge to pause a lawsuit regarding the withholding of public documents, citing the ongoing congressional deadlock over Department of Homeland Security (DHS) funding. The agency claims that its Freedom of Information Act (FOIA) office is currently on furlough due to the budget impasse, rendering it unable to comply with court-ordered deadlines for document production.

Allegations of Systematic FOIA Delays

The lawsuit, originally filed on January 14 by the Carolina Migrant Network and the Amica Center for Immigrant Rights, alleges that ICE has a "pattern or practice" of failing to conduct adequate searches for records within legal timing requirements. The specific dispute centers on a memorandum explaining ICE’s policy regarding the use of ankle and wrist monitors on detainees. Advocates argue that the agency’s failure to produce these guidelines hinders their ability to represent clients and understand the criteria for electronic monitoring, which has seen increased use in the Charlotte region.

Funding Discrepancies and "Bad Faith" Allegations

Attorneys for the migrant advocacy groups expressed "indignation" at the request for a stay, calling the decision to shutter the FOIA office "gob-smacking." They pointed out that ICE was the beneficiary of a sweeping $85 billion legislative package passed last year, making it one of the best-funded law enforcement agencies in history. The groups argued in a March 16 filing that the agency has continued to produce other public records for several weeks despite the supposed impasse, suggesting that the furlough is being used selectively to avoid accountability in this specific case.