Nancy Cant end shutdown. Congressmen Can Not be Arrested While in Session. Close Session starts after State of the Union if Both Houses Attend Correction?  u/Ancientalien and others commented below saying  They cannot be arrested for civil offenses but can be arrested for criminal offenses.  S the question is why did they not adjourn for Christmas as is their custom. Credit to 8chan anon on this. It may be that he only time mass arrests can happen is after SOTU.   A congressmen's 2 year term is broken down into 2 sessions and typically starts Jan 3 and ends when they adjourne for Christmas recess. They did not recess during Christmas or prior to seating the 116th- because they could be arrested. So while the speaker was in Hawaii the house was in session.  If there isn't some other explanation, they think arrests are eminent.  Look for the house to boycott the SOTU, if Trump holds it.  She cant end the shutdown or they have no reason to delay/boycott SOTU. NP doesn't want to recess!  If the House is in recess, any and all traitors can be arrested and CHARGED! Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the counting of electoral votes following a Presidential election and the President's State of the Union address. Other meetings of both House and Senate are called Joint Meetings of Congress, held after unanimous consent agreements to recess and meet.  Members of Congress cannot be arrested while in session.  When both Houses meet, they are required to mutually agree to adjourn.  When they do this, they are not in session and can be arrested. https://en.wikipedia.org/wiki/Procedures_of_the_United_States_Congress