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What Does the DHS Shutdown Mean for Immigration Services in the United States?

February 18, 2026

Immigration

A partial government shutdown has begun following a funding dispute between Congress and the White House over the Department of Homeland Security, DHS. Lawmakers failed to reach an agreement to fund the department through September, resulting in a lapse that affects agencies operating under the DHS umbrella.

The disagreement centers on immigration enforcement oversight after fatal shootings involving federal immigration officers. While the political dispute continues, many immigrants, employers, and families are asking an urgent and practical question: Will this shutdown disrupt immigration applications, visa processing, or enforcement operations?

For most individuals and businesses, core immigration services remain operational. However, understanding which functions are affected and which continue without interruption is critical.

Why Is DHS Affected by the Shutdown?

Unlike broader government shutdowns that impact multiple federal departments, this funding lapse is limited to DHS. Agencies within DHS include:

  • U.S. Citizenship and Immigration Services, USCIS
  • U.S. Immigration and Customs Enforcement, ICE
  • U.S. Customs and Border Protection, CBP
  • Transportation Security Administration, TSA
  • U.S. Coast Guard

Although DHS funding has paused, not all of its agencies rely on congressional appropriations in the same way. This distinction explains why many immigration-related services are continuing despite the shutdown.

Are USCIS Applications Still Being Processed?

In most cases, yes.

USCIS is primarily funded through filing fees paid by applicants and petitioners rather than annual congressional appropriations. Because of this structure, routine immigration benefits processing continues during a DHS shutdown.

Applications that generally remain on track include:

  • Family-based green card petitions
  • Adjustment of status applications
  • Employment-based petitions, including H-1B filings
  • Work authorization renewals
  • Naturalization applications
  • Premium processing requests

Interviews, biometrics appointments, and requests for evidence are expected to proceed unless applicants receive a specific cancellation notice.

However, applicants should understand that prolonged shutdowns can create indirect administrative strain. Even if USCIS remains operational, interagency coordination or contractor services could experience delays if funding interruptions continue for an extended period.

What About ICE and CBP Operations?

Enforcement and border protection activities are considered essential government functions. As a result:

  • CBP officers continue inspecting travelers at ports of entry
  • ICE enforcement operations remain active
  • Border processing functions continue

Billions in previously allocated funding have allowed certain enforcement activities to proceed without interruption, even during the funding pause.

For noncitizens currently in removal proceedings or under supervision, it is important to assume that enforcement priorities and obligations remain in effect. Court appearances, reporting requirements, and compliance obligations do not automatically pause because of a shutdown.

Individuals with pending removal cases should remain in close contact with qualified immigration counsel to ensure that all deadlines and appearances are met.

Are Immigration Courts Affected?

Immigration courts fall under the U.S. Department of Justice, not DHS. As a result, court operations depend on separate funding mechanisms.

Historically, immigration courts may continue hearings for detained individuals while postponing certain non-detained hearings during funding lapses. Because court operations can vary depending on available resources and policy directives, affected individuals should confirm the status of their hearings directly with the court or through their attorney.

Missing a scheduled immigration hearing can have severe consequences, including in absentia removal orders. It is essential not to assume a hearing has been canceled without formal confirmation.

What Does the Shutdown Mean for Visa Processing Abroad?

Visa processing at U.S. embassies and consulates is handled by the U.S. Department of State, which is funded separately from DHS. At present:

  • Immigrant visa interviews are continuing
  • Nonimmigrant visa appointments are proceeding
  • Consular processing remains active

Applicants should monitor their appointment confirmations and embassy communications. Operational slowdowns are possible if the shutdown extends, but routine services are currently moving forward.

What Should Immigrants Do During the DHS Shutdown?

While most core services remain active, uncertainty can create confusion. Individuals with pending immigration matters should take proactive steps to protect their status and avoid unnecessary complications.

Recommended actions include:

  • Continue filing applications and petitions as scheduled
  • Attend all USCIS interviews and biometrics appointments unless officially canceled
  • Monitor official case status updates
  • Maintain valid documentation at all times
  • Confirm travel plans and arrive early for flights due to potential TSA staffing impacts

If you have concerns about how the shutdown may affect your specific case, it is advisable to seek individualized legal guidance rather than relying on general news reports.

What Does This Mean for Employers?

Employers sponsoring foreign national workers should continue complying with all immigration-related obligations. A DHS shutdown does not suspend employment verification requirements or sponsorship timelines.

Human resources departments should:

  • File H-1B petitions and extensions without delay
  • Submit Labor Condition Applications as required
  • Maintain proper I-9 documentation
  • Prepare for possible enforcement activity or site visits

Because ICE enforcement operations remain active, compliance remains a priority. Employers should not assume that audits or investigations will be postponed.

Could There Be Delays if the Shutdown Continues?

Although immigration processing is largely continuing, extended funding lapses can create indirect complications, including:

  • Administrative backlogs
  • Reduced staffing levels
  • Slower interagency coordination
  • Delays in contractor-supported services

If the shutdown persists for a prolonged period, processing times could lengthen even for fee-funded services. Individuals with upcoming deadlines should plan conservatively and avoid last-minute filings where possible.

How Immigration Policy Disputes Can Create Legal Uncertainty

This shutdown highlights how broader political disputes over immigration enforcement can create practical uncertainty for immigrants and their families. Even when applications continue to be processed, public confusion can lead to missed appointments, unnecessary panic, or misinformation.

Clear, fact-based legal guidance is essential during periods of government instability. Immigration law is complex under normal circumstances, and disruptions at the federal level can increase the risk of errors for individuals attempting to handle matters without representation.

If you have questions about how the DHS shutdown may impact your case, it is important to consult with experienced immigration counsel. You can learn more about available immigration services by visiting BGJ Attorneys’ immigration law services page.

For personalized guidance regarding applications, enforcement concerns, or employer compliance obligations, contact Bartell, Georgalas & Juarez today to schedule a consultation.

Staying informed and proactive is the best way to protect your immigration status during periods of federal funding uncertainty.

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