A partial shutdown at the Department of Homeland Security (DHS) has been temporarily averted with votes in both the House and Senate to extend funding for the agency for one week, until March 6. Congress in December approved funding the rest of the government for the remainder of the fiscal year, but only through midnight tonight for DHS, as Republicans sought to tie the agency’s appropriations to the overturning of President Obama’s Executive Actions on immigration.
Earlier today, the Senate passed a “clean bill” that would fully fund DHS for the rest of the fiscal year without regard to President Obama’s executive initiatives on immigration. Senate Republicans announced plans to challenge the President’s initiatives through separate legislation. However, after the House failed to pass a three-week extension, the Senate reconvened and passed a one-week extension. The House quickly followed suit. Leaders on both sides expressed hope that the additional week will give the competing factions more time to work out their differences. The White House stated earlier today that the President would sign a short-term funding bill.
Discussions over funding DHS for the rest of the fiscal year will now continue, with the possibility of a partial shutdown still looming. A partial shutdown would not substantially affect USCIS case processing since it is fee-funded, though processing delays could take place if back office operations are affected. The E-Verify system would likely be taken offline for the duration of a shutdown, though employers would remain subject to their I-9 obligations.
Customs and Border Protection inspections would continue as an essential service and the funding impasse does not affect the State Department or Labor Department, whose immigration functions would proceed normally. For a more complete discussion of the impact of a partial shutdown at DHS, see our client alert from February 18, 2015.
Earlier this evening, DHS released a detailed plan describing its procedures in the event of a partial shutdown.
Fragomen is closely monitoring DHS budget discussions on Capitol Hill, and will provide additional information as developments unfold.
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