PolicyBrief
H.RES. 838
119th CongressOct 28th 2025
Commemorating the annual celebration of Día de los Muertos in the United States and around the world.
IN COMMITTEE

This resolution commemorates the annual celebration of Día de los Muertos while urging accountability and humane treatment for those who have died in immigration custody.

Jesús "Chuy" García
D

Jesús "Chuy" García

Representative

IL-4

LEGISLATION

Congressional Resolution Links Día de los Muertos Recognition to Accountability for ICE Custody Deaths

This Congressional resolution is essentially a two-part recognition: first, it formally acknowledges and celebrates Día de los Muertos (Day of the Dead) in the United States, and second, it uses the spirit of remembrance inherent in the tradition to call for greater accountability in immigration enforcement.

On the cultural front, the resolution recognizes the annual celebration on November 1st and 2nd, honoring the rich cultural contributions of Mexican-American, Latino, and Indigenous communities. It specifically mentions the tradition’s roots in pre-Hispanic cultures and its role in reinforcing familial bonds. This is official recognition from the House of Representatives that this holiday is a significant part of the American cultural landscape.

The Altar and the Accountability

This is where the resolution pivots from cultural recognition to a policy appeal. It connects the values symbolized by Día de los Muertos—family unity, human rights, and collective memory—to the urgent need for transparency and humane treatment in immigration enforcement. Think of it as using the holiday’s focus on honoring the departed to highlight those who have died in government custody.

The resolution cites some hard numbers to back up this call for action. It mentions that in fiscal year 2025, at least 23 individuals died while in U.S. Immigration and Customs Enforcement (ICE) custody. It even names a specific case—the death of Silverio Villegas-Gonzalez—to underscore the gravity of the situation. For families in these communities, this connection means that a resolution celebrating their heritage is also a push for dignity and justice for those who have suffered the most.

Encouraging Better Behavior (But Not Mandating It)

The resolution concludes by urging several key agencies—specifically the Department of Homeland Security (DHS) and ICE—to step up. It asks them to protect the health, dignity, civil rights, and family unity of individuals in immigration custody, particularly during culturally significant observances. This is a clear signal to the agencies that Congress is watching and expects higher standards of care.

However, it’s important to note the language here is “urges.” This means the resolution is a non-binding statement of Congressional opinion, not a law that forces these agencies to change their procedures or face penalties. While it puts pressure on ICE and DHS and increases scrutiny on their operations (which is a win for advocates), it doesn't actually mandate new rules or funding for better facilities. For the people currently in custody, this means the resolution offers a strong call for humane treatment, but the immediate, practical impact depends entirely on whether those agencies choose to heed the call.

Finally, the resolution encourages community organizations and educational institutions to raise awareness about the significance of Día de los Muertos, fostering intercultural understanding. In the real world, this could translate into more school programs, museum exhibits, and local government events recognizing the holiday, helping to integrate this tradition more fully into the American mainstream.