United States | DHS shutdown update: Immigration processing continues

The shutdown of the Department of Homeland Security began Feb. 14, 2026, after Congress’ two-week continuing resolution and consolidated spending bill, which provided short-term funding for the agency through Feb. 13, 2026, expired without the passage of a new funding measure.

Following is a summary of certain immigration agencies and services that may be impacted:

E-Verify and other programs: U.S. Citizenship and Immigration Services has not posted any updates on the E-Verify site regarding the shutdown as of the date of this alert, and the system appears to be operating as normal. Typically during a shutdown, E-Verify becomes unavailable until reauthorized by Congress because it is funded through appropriations. However, during the last federal government shutdown, the E-Verify system continued to operate.

If E-Verify does become unavailable, employers may be unable to enroll in E-Verify, access or create E-Verify cases or resolve tentative non-confirmations. Employers remain required to comply with all Form I-9 obligations, as the ability to complete the Form I-9 within the required timeframes is not affected by a shutdown. Employers will not be penalized for shutdown-related delays in E-Verify but will still be required to complete E-Verify cases as applicable when the system becomes available.

U.S. Citizenship and Immigration Services: USCIS can continue processing immigration benefit applications, but applicants could experience delays, particularly if the shutdown is prolonged. DHS has previously indicated that the majority of USCIS employees would continue working in the event of a shutdown.

U.S. Immigration and Customs Enforcement: ICE is expected to continue to operate. ICE’s Student and Exchange Visitor Information System (SEVIS) should continue its normal operations.

U.S. Customs and Border Protection: CBP ports of entry will continue to operate. However, foreign nationals could experience delays.

Additional Information: The other federal government agencies with critical roles in immigration processes, including the Department of Labor and Department of State, are funded through the end of the fiscal year and are not affected by the DHS funding lapse. BAL is closely monitoring events in Washington, D.C., and will continue to provide updates on developments.

This alert has been provided by the BAL U.S. Practice Group.

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