DHS Shutdown: What It Means for Immigration Services

DHS Shutdown: What It Means for Immigration Services

Photo by Ramaz Bluashvili

On February 14, 2026, the Department of Homeland Security (DHS) entered a partial shutdown after lawmakers failed to reach a funding compromise by the 11:59 pm deadline on February 13. This specific lapse follows a broader partial U.S. government shutdown that occurred earlier in the year. In response, the Office of Management and Budget directed the DHS to execute plans for an orderly shutdown.

While the term "shutdown" can cause widespread panic for foreign nationals and global employers, the reality is that day-to-day immigration processing is continuing largely as normal. Roughly 90% of the DHS's more than 260,000 employees are considered "essential" and are required to keep working, often without pay.

Here is a detailed breakdown of how this shutdown impacts various immigration agencies, processes, and travelers, complete with the latest data and operational updates.

USCIS: Mostly Business as Usual

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Most employment-based and family-based immigration services continue with limited interruption because U.S. Citizenship and Immigration Services (USCIS) is primarily fee-funded, rather than reliant on annual congressional appropriations.

What Continues at USCIS:

• Core Adjudications: Applications and petitions continue to move forward, including Form I-140 petitions, adjustment of status (I-485) cases, naturalization applications, and work authorization renewals.
• Employment Visas: Adjudications for H-1B, O-1, and L-1 petitions remain active. Premium processing also remains available for eligible cases.
• E-Verify and SAVE: Following the precedent set during the October 2025 shutdown, E-Verify remains operational during the current DHS shutdown. The SAVE database also remains in operation.
• Specialty Programs: The EB-5 Immigrant Investor Regional Center Program continues, as it is independently authorized through September 30, 2027. Additionally, the Special Immigrant Religious Worker (EB-4) Program was recently extended through September 30, 2026, via H.R. 7148.

Potential Delays: While USCIS is operational, indirect delays may occur if a case requires verification from another federal agency that is currently facing shutdown conditions, such as FBI background checks or interagency security clearances.

Department of Labor and Department of State: Fully Funded

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Not all immigration-related agencies fall under the DHS umbrella. Both the U.S. Department of Labor (DOL) and the U.S. Department of State (DOS) are fully funded through the remainder of the 2026 fiscal year.

• DOL Operations: Labor Condition Applications (LCAs), PERM filings, and prevailing wage determinations continue under normal operations.
• DOS Operations: Consular posts remain open and visa services abroad continue, though local conditions can always influence processing times.

CBP and ICE: Enforcement and Border Operations

Agencies responsible for national security and immigration enforcement are considered essential and continue to operate.

• Immigration and Customs Enforcement (ICE): ICE enforcement and deportation operations are active, supported by a $29 billion lump sum from the One Big Beautiful Bill Act (OBBBA) as well as ample funding from the Working Families Tax Cut Act. ICE Student and Exchange Visitor Program (SEVP) offices remain unaffected because they are fee-funded.
• Customs and Border Protection (CBP): Ports of entry remain open, and passenger processing continues normally.

Travel Impacts: Global Entry Suspended

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While borders remain open, the most visible disruptions are affecting trusted traveler programs. Because DHS redirected personnel to essential border operations, Global Entry has been suspended nationwide as of February 22, 2026.

This suspension halts:

• Enrollment interviews
• Renewals
• New application approvals
• Airport kiosk usage

Travelers who normally rely on Global Entry should expect increased wait times and longer processing at airports. Conversely, TSA PreCheck continues to remain operational for the traveling public, despite a brief suspension by DHS on February 21.

Immigration Courts: ALL Hearings Proceeding

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There has been a critical policy shift regarding the Executive Office for Immigration Review (EOIR). During past shutdowns, non-detained immigration dockets were often paused. However, under current policy originating from the October 2025 shutdown, the administration has designated all immigration court hearings as essential.

Both detained and non-detained immigration court hearings are continuing as scheduled, and applicants must attend their scheduled master calendar and individual merits hearings to avoid an in absentia removal order.

What This Means for Employers and Immigrants

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Compliance obligations do not pause during a government shutdown. HR teams and foreign nationals should observe the following best practices:

• File Petitions on Time: Continue filing H-1B petitions, green card applications, and LCAs without delay. If a shutdown-related obstacle prevents a timely filing, USCIS has historically excused late filings if you can document the direct cause.
• Maintain I-9 Compliance: Employers must continue to complete I-9 verification steps within the standard three-day window. If E-Verify experiences an unexpected outage, alternate I-9 remote document review procedures are available. ICE I-9 audits and Notices of Inspection are also continuing.
• Attend All Appointments: Continue attending all scheduled biometrics appointments, USCIS interviews, ICE check-ins, and immigration court hearings.
• Prepare for Travel Friction: Arrive at airports earlier than usual, monitor airline updates, and bring full documentation showing valid immigration status, as discretionary processing at the border may slow down.