Practice Alert: What Happens If the Government Shuts Down?
2/19/2026 UPDATE
Annual appropriated funding for DHS lapsed on February 14, 2026. Many, if not all, DHS functions can and will keep operating despite the lapse. Many DHS functions are deemed "essential" by the Administration, while others have separate funding mechanisms, such as fees or OBBBA funding. During a DHS shutdown, roughly 90% of the Department’s more than 260,000 employees are required to continue working, often without pay. AILA will update this practice alert as more information becomes available.
General Shutdown Information
Typically, when government agencies close for budgetary reasons, all but "essential" personnel are furloughed and are not allowed to work. The following is an overview of how the immigration-related agencies have operated during prior shutdown periods.
USCIS
USCIS is a fee-funded agency so if the government shuts down, it is generally business as usual. The exception to this is programs that receive appropriated funds – E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, which are suspended or otherwise impacted.
- The EB-5 Immigrant Investor Regional Center Program should not be impacted by a shutdown as it was authorized through September 30, 2027.
- The Special Immigrant Religious Worker (EB-4) Program will sunset on January 30, 2026, unless a Continuing Resolution or appropriations package is signed into law before that date.
- USCIS previously confirmed that employers may continue to use the new alternate review process for remote I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown. It is expected that this will continue to be the case, as the agency has not said otherwise. During the 2025 government shutdown, E-Verify services resumed about a week after the shutdown began.
- In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.
CBP
Inspection and law enforcement personnel are considered "essential." Ports of entry will be open, and processing of passengers will continue; however, processing of applications filed at the border may be impacted.
ICE
ICE employees are considered “essential,” and its enforcement and deportation operations received a single lump sum of $29.9 billion from the One Big Beautiful Bill Act. For local practice questions, members may want to check with their local chapters. Generally, ICE Enforcement and Removal Operations (ERO) can continue, and the Office of Principal Legal Advisor (OPLA) assistant chief counsels will focus on representing the government in the detained immigration court docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees. Members should also continue to be able to access their client in custody through regular means such as scheduling phone calls and visitation.
DOL
DOL has been funded for the remainder of FY2026 and should not be affected if Congress fails to extend DHS funding.
DOS
DOS has been funded for the remainder of FY2026 and should not be affected if Congress fails to extend DHS funding.
EOIR
DOJ has been funded for the remainder of FY2026, and should not be affected if Congress fails to extend DHS funding. Members should review EOIR’s Immigration Court Operational Status for the latest updates.
Congressional Constituent Services
The Legislative Branch has also been funded for the remainder of FY2026, therefore there should not be an impact on congressional offices if Congress fails to extend DHS funding.