United States: Temporary Funding for DHS Could Lapse After Midnight, Though Immigration Benefits Processing Would Continue
February 13, 2026
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At a glance
- A temporary spending measure to fund the Department of Homeland Security through February 13 will lapse after midnight unless a stopgap measure or spending legislation is passed.
- Many DHS functions – including immigration benefits processing and enforcement activities – would continue notwithstanding a shutdown.
The issue
A short-term spending measure to fund the Department of Homeland Security is set to expire after midnight tonight unless Congress passes another temporary stopgap or spending legislation to fund the agency through September 30. If a DHS shutdown occurs, its impact on immigration processing, border operations, and enforcement is expected to be limited in the near term.
Impact of a DHS shutdown
If DHS funding is not extended beyond today and the agency is shut down, USCIS would continue to process applications and petitions for immigration benefits because it is primarily a fee-funded agency. CBP inspection functions at U.S. borders and ports of entry would remain in operation, including the processing of immigration applications at the border. ICE enforcement activities and operations of the Student and Exchange Visitor Information System (SEVIS) would continue.
Congressional authorization for E-Verify would expire though it is possible that DHS could continue its operation during a shutdown, as it did during the Fall 2025 government shutdown.
SAVE – the USCIS database used by state and federal government agencies to verify an applicant’s immigration status when processing applications for benefits such as driver’s licenses – is expected to remain in operation during a shutdown.
What’s next
DHS funding negotiations are expected to continue through the weekend.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
