Key Takeaways
• As of May 23, 2025, DHS releases migrants to shelters despite warnings about migrant smuggling prosecutions.
• FEMA has suspended funding to shelters amid investigations, causing closures like Catholic Charities Diocese of Laredo.
• DHS requested $1.4 billion for Shelter and Services Program to support migrant shelter capacity amid legal risks.
Federal Shelters Caught Between DHS Demands and Migrant Smuggling Prosecution Threats
As of May 23, 2025, the United States 🇺🇸 government is facing a complex and tense situation along the U.S.-Mexico border. The Department of Homeland Security (DHS) continues to release migrants—mainly families and individuals who have entered the country without legal permission—to nonprofit shelters. This is happening even after federal officials warned these shelters that helping migrants could be seen as breaking laws against migrant smuggling. The result is a confusing and stressful environment for shelters, migrants, and government agencies alike.
Below, we break down the latest developments, explain the background, and look at what this means for everyone involved.
Key Developments: Who, What, When, Where, and Why
- Who: DHS, FEMA, ICE, CBP, nonprofit shelters, and migrants released from federal custody.
– What: Shelters are still receiving migrants from DHS, despite warnings that providing help could be considered migrant smuggling. FEMA has launched an investigation and stopped funding some shelters. - When: These events are ongoing, with the latest updates as of May 23, 2025.
- Where: Along the U.S.-Mexico border, especially in border states where most migrant releases occur.
- Why: Legal limits on how long families can be held in detention, combined with surges in migration, have forced DHS to rely on shelters. At the same time, the Trump administration is pushing for stricter enforcement and warning shelters about possible legal risks.
Let’s look at the details and what’s at stake for each group involved.
Shelters Under Scrutiny: Legal and Financial Risks
FEMA Investigation and Funding Suspension
The Federal Emergency Management Agency (FEMA) recently sent letters to many shelters, raising “significant concerns” about possible illegal activity. FEMA asked for detailed information about shelter operations and warned that providing temporary housing or transportation to migrants could be a felony under anti-smuggling laws. While this investigation is happening, FEMA has stopped payments to shelters and now requires shelter leaders to sign sworn statements saying they do not know about any smuggling activities in their organizations.
Impact on Shelter Operations
- Closures: Some shelters, like Catholic Charities Diocese of Laredo, have closed their doors because they lost funding and could not keep up with costs. This happened even though U.S. Immigration and Customs Enforcement (ICE) kept asking them to house migrants.
- Financial Strain: Without FEMA funding, shelters are struggling to pay for food, beds, and transportation for migrants. Many are worried they could be forced to shut down.
- Legal Uncertainty: Shelter leaders are afraid that helping migrants could lead to criminal charges for migrant smuggling, even though they are following ICE’s requests.
Rebecca Solloa, Executive Director of Catholic Charities Diocese of Laredo, described the situation as “pretty scary,” pointing out the stress and confusion caused by the investigation and funding freeze.
How the Shelter and Services Program (SSP) Works
DHS, FEMA, and CBP Roles
The Shelter and Services Program (SSP) is a federal effort run by DHS, FEMA, and Customs and Border Protection (CBP). The program gives money to state, local, and tribal governments, as well as nonprofit groups, to help migrants who have been released from DHS custody and are waiting for their immigration court hearings.
Recent Funding Announcements
- In April 2024, DHS announced $640 million in SSP funding for fiscal year 2024:
- $300 million through the SSP-Allocation (SSP-A) program.
- $340 million through a new SSP-Competitive Program (SSP-C).
- In fiscal year 2023, more than $780 million was given out through SSP and the Emergency Food and Shelter Program – Humanitarian Awards (EFSP-H).
How Shelters Get Funding
- Application: Shelters and local governments apply for SSP funding through FEMA, providing detailed budgets and descriptions of the services they offer.
- Review: FEMA reviews the applications, decides how much money to give, and checks that shelters are following all rules.
- Oversight: During investigations, FEMA can stop payments and require shelter leaders to sign statements saying they are not involved in smuggling.
- Monitoring: Shelters must keep following federal rules and may face more checks or changes in funding.
For more information on how the Shelter and Services Program works, you can visit the official FEMA Shelter and Services Program page.
Why Are Migrants Released to Shelters?
Legal Limits on Detention
Federal law and court decisions, like the Flores Settlement Agreement, limit how long the government can keep families with children in detention. Usually, families with children under 18 can only be held for up to 20 days. After that, they must be released, often to shelters, while they wait for their immigration court dates.
ICE’s Role
ICE is responsible for finding safe places for released migrants. Even with the threat of prosecution for migrant smuggling, ICE continues to ask shelters to house migrants, especially families. This puts shelters in a difficult position—caught between following ICE’s requests and worrying about breaking the law.
Recent Numbers
- From February to April 2025, Border Patrol released only seven people—a huge drop from the 130,368 released during the same period in 2024 under President Biden.
- ICE’s release numbers are not public, but shelters report that they are still receiving requests to house migrants.
FEMA’s Investigation: What’s at Stake?
Legal Ambiguity
The main problem for shelters is the legal gray area. On one hand, federal officials warn that helping migrants could be seen as smuggling. On the other hand, ICE depends on these shelters to provide basic needs for migrants who cannot be held in detention any longer.
Operational Strain
- Shelter Closures: Some shelters have already closed because they cannot operate without federal funding.
- Reduced Services: Others have cut back on the number of migrants they can help, leaving many without a safe place to stay.
- Increased Vulnerability: Migrants who cannot find shelter may end up on the streets, facing hunger, illness, or danger.
Funding Gaps
Demand for shelter services is higher than ever, but federal funding is not enough to meet the need. Shelters and local governments are forced to make tough choices about who they can help.
Multiple Perspectives: What Stakeholders Are Saying
Shelter Operators
Shelter leaders say they are stuck between their mission to help people and the risk of being accused of migrant smuggling. Many feel they have no choice but to close or cut back services, even though they know migrants will suffer.
Federal Officials
DHS, FEMA, and ICE say they must enforce the law and prevent smuggling. At the same time, they rely on shelters to manage the flow of migrants and avoid overcrowding in detention centers.
Policy Analysts
Experts point out the tension between strict enforcement and humanitarian needs. They note that the current approach puts shelters in an impossible situation and may lead to more problems for migrants and border communities.
Congressional Critics
Some members of Congress argue that current policies encourage illegal migration and want DHS to tighten border controls and reduce the number of migrants released into the country.
Background: How Did We Get Here?
The Role of Shelters
For many years, shelters have played a key role in helping migrants released from federal custody. They provide food, a place to sleep, and help with travel to family or sponsors in the United States 🇺🇸.
Legal Constraints
Court rulings like the Flores Settlement Agreement have made it impossible for the government to hold families with children for long periods. This means that, during times of high migration, many families must be released to shelters.
Funding Evolution
Federal support for shelters has grown as migration has increased, but the money has never been enough to meet all needs. Shelters often rely on donations and volunteers to fill the gaps.
Policy Shifts
The Trump administration has taken a tougher stance on border enforcement, including more scrutiny of shelters and new voluntary self-deportation programs. Secretary Kristi Noem has promoted these programs, offering financial help to migrants who choose to return to their home countries using the CBP Home App.
Step-by-Step: How Migrant Release and Shelter Funding Works
- Migrant Release: Migrants are released from DHS custody, often because the law does not allow for longer detention, especially for families.
- Shelter Placement: ICE works with shelters to provide temporary housing, food, and travel help for migrants.
- Funding Application: Shelters apply for federal money through FEMA, explaining how they will use the funds.
- FEMA Oversight: FEMA reviews the applications, gives out money, and checks that shelters are following the rules.
- Ongoing Monitoring: Shelters must keep records and may be investigated or have funding changed based on their actions.
Policy Implications: What Happens Next?
Pending Investigations
FEMA’s investigation is ongoing. Depending on what they find, more shelters could lose funding or face legal action. This could make it even harder for migrants to find help.
Legislative Action
DHS is asking Congress for more money—$1.4 billion in new SSP funds—to help manage the situation. Lawmakers are debating whether to approve more funding or push for stricter enforcement.
Shelter Capacity
If funding stays low and legal risks remain high, more shelters may close. This would leave migrants with fewer options and could increase problems for border communities.
Policy Adjustments
The administration may change its approach, possibly expanding voluntary self-deportation programs or adjusting how it releases migrants based on new trends and political pressures.
Impact on Migrants and Communities
For Migrants
Migrants released from DHS custody are often families with young children. Without shelter support, they may face homelessness, hunger, and danger while waiting for their court dates.
For Shelters
Shelters are under more pressure than ever. They must balance their mission to help with the risk of prosecution and the reality of shrinking budgets.
For Border Communities
Local governments and communities near the border may see more migrants without shelter, leading to increased demand for local services and possible public health concerns.
Official Resources and Next Steps
- Shelter and Services Program: For details on how shelters can apply for funding or learn about compliance, visit the FEMA Shelter and Services Program page.
- Voluntary Self-Deportation: Migrants interested in the CBP Home App program can learn more at DHS.gov/CBPhome.
- FEMA Contact: For questions about shelter funding or compliance, contact FEMA through their official website.
Conclusion and Practical Guidance
The current situation at the U.S.-Mexico border is challenging for everyone involved. Shelters are caught between helping migrants and facing possible prosecution for migrant smuggling. DHS, FEMA, and ICE continue to rely on these organizations, even as they warn about legal risks. Funding is not keeping up with demand, and some shelters have already closed.
If you are a shelter operator, stay informed about the latest DHS and FEMA requirements, keep careful records, and seek legal advice if you are unsure about your responsibilities. If you are a migrant or advocate, check official resources for updates on available support and legal options.
As reported by VisaVerge.com, the future of shelter support for migrants remains uncertain, with ongoing investigations, possible policy changes, and continued debate in Congress. All stakeholders should prepare for further changes and stay connected to official sources for the most up-to-date information.
By understanding the current landscape and knowing where to find help, shelters, migrants, and communities can better face the challenges ahead.
Learn Today
Department of Homeland Security (DHS) → U.S. federal agency responsible for immigration enforcement and border security operations.
Migrant Smuggling → The crime of illegally assisting people to cross borders without government authorization.
Federal Emergency Management Agency (FEMA) → Government agency overseeing disaster response and allocating federal funds to shelters aiding migrants.
Shelter and Services Program (SSP) → Federal funding initiative helping shelters care for migrants released from DHS custody.
Immigration and Customs Enforcement (ICE) → Federal agency that detains and releases migrants, coordinating shelter placements.
This Article in a Nutshell
Shelters along the U.S.-Mexico border face legal risks amid FEMA investigations and funding suspensions, yet DHS continues releasing migrants there. This creates conflicting pressures on shelters tasked with helping vulnerable migrants while navigating anti-smuggling laws and insufficient federal resources to meet soaring demand.
— By VisaVerge.com
