U.S. Immigration Alerts

DHS Shutdown: How It May Affect Immigration Processing and Enforcement

A partial funding lapse at the United States Department of Homeland Security (DHS) is expected after Congress failed to enact appropriations before the February 13, 2026, deadline amid deep political disagreements over immigration enforcement policy reforms. Although many immigration enforcement, border operations, and application adjudications will continue, the lapse in funding is disrupting some administrative functions, oversight units, and support operations that influence the efficiency of the immigration system. For U.S. employers and foreign nationals navigating visas and work authorizations, the shutdown heightens uncertainty and could slow parts of immigration processing even as core services continue.

Key Points

• Frontline Enforcement Continues: Agencies such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) remain operational because most of their budgets were previously funded or deemed essential. Enforcement of immigration laws, deportations, and border inspections will proceed even as a shutdown persists.
• USCIS Adjudications Proceed with Constraints: The U.S. Citizenship and Immigration Services (USCIS) continues processing petitions and applications funded by filing fees, including work visas, green cards, and naturalizations. However, support functions funded by discretionary appropriations — such as public engagement efforts, some customer service operations, and integration programs — may be paused or slowed.
• Support Units and Oversight Could Pause: Offices that provide detention oversight or investigate complaints related to detention conditions may be furloughed, reducing accountability during enforcement operations. Administrative personnel responsible for training, data management, and routine coordination may also be absent, potentially slowing processes over time.
• Border and Inspection Staffing Constraints: While primary inspection lanes at ports of entry and airports will stay staffed, ancillary staff who help with secondary inspections, document review, and non-priority functions may be reduced. This risks longer waits and affects the efficiency of immigration processing for travelers and workers.
• Coordination with Other Agencies: Although immigration courts under the Department of Justice remain open, delays in interagency data sharing or case preparation related to DHS units may indirectly affect court scheduling and case flow. These coordination delays can ripple into broader immigration backlogs.

What US Employers Need to Know

• Work Visa Petitions Continue: Employers seeking to file H-1B, L-1, TN, O-1, PERM-based green cards, or extensions of status can generally expect USCIS adjudications to continue because the agency operates on fee revenue. Premium processing should remain available. 
• Processing Delays Possible: Administrative support reductions and furloughs could slow appointment scheduling, biometric processing, or case inquiries even if filings are accepted. Employers should build extra time into workforce planning and international transfers.
• Maintain Compliance Vigilance: Enforcement is active and ongoing during the shutdown, so employers must ensure full compliance with Form I-9 requirements, recordkeeping, and audit preparedness. A shutdown does not pause immigration enforcement obligations.
• Travel and Border Entry: Foreign national employees traveling abroad may face longer inspection waits at land borders and airports due to staffing constraints in support roles. Employers should advise travelers to prepare documentation thoroughly and allow extra time.
• E-Verify and Technical Support May Be Affected: If E-Verify support or case resolution assistance is reduced due to furloughs, employers may see slower responses. Companies should track any system disruptions and retain all verification records meticulously.

Looking Ahead

• Short Shutdown, Limited Disruption: If Congress restores full funding quickly, most immigration processing functions should normalize with minimal long-term disruption. Any delays incurred may be manageable with proactive planning.
• Extended Shutdown Increases Backlogs: A prolonged lapse could increasingly strain staffing, morale, and administrative support, leading to longer adjudication timelines even within fee-funded processes. Immigration backlogs that already exist could worsen.
• Policy Reform Implications: Since the shutdown was tied to political disagreements over enforcement reforms, future budget negotiations may shape enforcement priorities and resource allocation across immigration agencies. Employers and advocates should monitor legislative developments that could affect future operations.
• Oversight Gaps Could Have Lasting Impact: Suspension of oversight and accountability units during the shutdown could affect enforcement transparency, leaving some actions less scrutinized in the short term. Resuming these functions after the shutdown may take time and resources.
• Employer Adaptation Strategies: Employers may increasingly seek legal counsel, strategic timing for filings, and robust compliance audits to navigate the shifting landscape. Organizations should remain agile to respond to evolving policy and operational conditions.

Conclusion

In summary, although much of the immigration system remains active during a partial DHS shutdown, including core enforcement by ICE and CBP and fee-funded adjudications by USCIS, the lapse in funding introduces friction into administrative support, oversight, and coordination mechanisms. For employers, this means continued compliance obligations, the possibility of increased processing times, and the need to plan proactively for staffing and international travel challenges. Close attention to developments and strategic planning will help organizations mitigate disruption while agencies work to restore full funding and operational normalcy.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.