This article explains the February DHS government shutdown 2026. The guidance on which agencies continue operating — ICE, CBP, USCIS, immigration courts, and BIA — also applies to future shutdowns, because the legal rules defining essential versus non-essential functions remain the same.
On February 15, 2026, the federal government entered a partial shutdown after Congress failed to pass a continuing resolution funding federal agencies. Millions of immigrants nationwide — with pending green card applications, upcoming USCIS interviews, scheduled immigration court hearings, expiring work permits, or open removal cases — face an urgent question: What does this shutdown mean for me and my family?
The answer is complex, and mistakes can cost you your case, status, or freedom. This article details which functions continue, which slow or stop, what your legal rights are right now, and — most importantly — the exact steps you must take today to protect yourself.
If you have an immigration court hearing, a pending USCIS application, or any enforcement concern in the next 30 days, act immediately. Contact an immigration attorney now.
Here’s the key fact you need to know: Agencies that enforce removal keep operating during shutdowns, while agencies that protect your rights slow down. Read the ICE enforcement section right away if you have any open removal matter.
Does ICE Keep Arresting People During a Government Shutdown? Yes — Here Is Why This Matters Most
This is the most important section of this article for the most vulnerable readers. ICE enforcement does not pause during a government shutdown. Agents remain on duty, and arrests, detentions, and deportations continue at full operational capacity.
ICE is classified as an essential government function under OMB shutdown guidance because its operations are deemed necessary for national security and the safety of human life and property. Under the Antideficiency Act, 31 U.S.C. § 1341 and 31 U.S.C. § 1342, federal agencies must cease non-essential operations during a funding lapse — but essential functions must and may continue. ICE meets the essential function threshold.
ICE operations that continue during the shutdown include:
- Fugitive Operations arrests targeting individuals with outstanding removal orders
- Enforcement and Removal Operations (ERO) actions
- Civil immigration arrests at or near courthouses, workplaces, or residences
- Processing and removal of detained individuals
- Transfers of detained individuals between facilities
- Actual removals and deportations — removal flights continue
The political context of this shutdown — which arose directly from a congressional dispute over immigration enforcement funding — makes it particularly dangerous to assume that enforcement will be relaxed. The opposite may be true: increased enforcement visibility may be politically motivated by the agencies whose funding was at the center of the dispute.
If you have an outstanding removal order, a prior order of supervision, an ICE check-in obligation, or any open enforcement matter, contact an immigration attorney immediately. Today. Not tomorrow.
Call our office now at (818) 900-5707.
What to Do RIGHT NOW: A Shutdown Action Plan
The worst thing you can do during a government shutdown is wait and hope. Here is what you should do immediately, regardless of your immigration situation:
1. Contact Your Immigration Attorney Today
If you have an attorney, call them now. Confirm the status of every pending application, every scheduled hearing, and every upcoming deadline. If you do not have an attorney and you have any open immigration matter, this is the moment to get one. Call our office at (818) 900-5707.
2. Know Your Rights If ICE Comes to Your Door
- You have the right to remain silent — you are not required to answer questions about your immigration status
- Additionally, you have the right to refuse entry to your home unless agents have a judicial warrant signed by a judge (not an administrative ICE warrant)
- You have the right to speak with an attorney before answering questions
- Do not run, resist, or obstruct — comply physically while asserting your rights verbally
- Memorize or keep a card with your attorney’s phone number at all times
3. Check All Your Pending Deadlines Immediately
Review every deadline associated with your case: RFE response deadlines, appeal filing windows, BIA appeal deadlines, document expiration dates, check-in dates, and court dates. Do not assume any deadline is automatically extended because of the shutdown. Respond on time unless your attorney advises otherwise and has received official confirmation of an extension.
4. Gather and Organize Your Documents
Locate and secure copies of all your immigration documents: visa, I-94, EAD, green card, passport, all USCIS receipt notices, any court notices, and your alien registration number (A-Number). Keep copies in a secure location outside your home as well as digitally.
5. Monitor Official Sources — Not Social Media
Misinformation spreads rapidly during a shutdown. Rely only on official sources:
- USCIS.gov for application and interview updates
- USCIS processing times for case processing status
- EOIR case information for immigration court updates
- E-Verify.gov for E-Verify system status
- Your immigration attorney for all case-specific guidance
6. Prepare Your Family
If you have U.S. citizen or lawful permanent resident family members, make sure they know what to do if you are detained. Designate a trusted person who can act on your behalf, know your attorney’s contact information, and have a family safety plan in place.
What Is a Government Shutdown — and Why Does It Affect Immigration?
A government shutdown occurs when Congress fails to pass appropriations legislation funding federal agencies. Under the Antideficiency Act, 31 U.S.C. § 1341, federal agencies are legally prohibited from obligating or spending money beyond what Congress has appropriated. Under 31 U.S.C. § 1342, agencies may not accept voluntary services to work around this prohibition. When no appropriation exists, agencies must cease all non-essential operations and furlough non-essential federal employees.
The Office of Management and Budget (OMB), through its Circular A-11 guidance, directs agencies to identify which functions may continue during a lapse in appropriations. The two main categories of permissible continued operations are: (1) functions essential to the safety of human life or protection of property, and (2) functions funded by sources other than annual appropriations — such as fees. Understanding which category each immigration function falls into explains everything about what stops and what does not.
What KEEPS Running During the 2026 Government Shutdown
CBP: Ports of Entry, Inspections, and Border Operations Continue
U.S. Customs and Border Protection (CBP) is deemed essential and continues full operations at all ports of entry, airports, and land border crossings. CBP officers continue to conduct inspections, enforce admissibility requirements, and make entry determinations. International travelers will encounter normal CBP operations.
USCIS: Largely Continues — But With Important Exceptions
U.S. Citizenship and Immigration Services (USCIS) is unique among immigration agencies. Under INA § 286(m), 8 U.S.C. § 1356(m), USCIS is largely funded by the fees applicants pay when filing immigration applications. Because fee-funded operations are not dependent on annual appropriations, they are generally not subject to the Antideficiency Act’s shutdown prohibition. USCIS has confirmed it is maintaining operations for fee-funded functions during the current shutdown.
However, certain USCIS functions that rely on appropriated funding — including some outreach programs and interagency coordination functions — may be reduced or suspended. USCIS offices that share facilities or support services with furloughed agencies may experience indirect disruptions.
DACA: Renewals Expected to Continue — With Caveats
DACA renewals are processed by USCIS using fee funds, and should generally continue to be processed during the shutdown. However, DACA recipients should be aware of two complicating factors: (1) DACA litigation is ongoing in multiple federal courts, creating uncertainty about the program’s legal status independent of the shutdown; and (2) any DACA renewal that requires interagency background check coordination may experience delays if those agencies are affected by the shutdown. Recipients with renewals due in the coming weeks should consult an attorney immediately to confirm their status and the current state of any applicable court orders.
Detained Immigration Court Docket: Continues
Immigration courts operated by the Executive Office for Immigration Review (EOIR) follow a split approach during shutdowns. The detained docket — cases involving individuals held in immigration detention — is treated as an essential function because it implicates constitutional liberty interests. Detained cases continue to be heard, and immigration judges remain on the detained docket. If you are in immigration detention, your hearings will proceed on schedule.
What STOPS or SLOWS During the 2026 Government Shutdown
Non-Detained Immigration Court Hearings: Major Disruptions Expected
The non-detained immigration court docket — covering the vast majority of all removal cases — is not classified as essential under DOJ shutdown guidance. Immigration judges assigned to non-detained cases may be furloughed, and hearings may be cancelled, postponed, or continued indefinitely.
Under 8 C.F.R. § 1003.18, immigration judges have broad discretion to grant continuances for good cause. A government shutdown constitutes extraordinary circumstances for a continuance — but immigration judges have discretion on continuances and are not required to grant them even during a shutdown. Do not count on an automatic continuance. If your non-detained hearing is scheduled during the shutdown, consult your attorney immediately.
Critical warning: Even if a hearing is rescheduled due to the shutdown, you may still be required to appear unless you receive official written notice from the court. Failing to appear — even during a shutdown — can result in an automatic order of removal entered against you in absentia under INA § 240(b)(5). Do not skip a hearing without confirmed written cancellation.
BIA Appeal Deadlines: These Are NOT Tolled by a Shutdown
This is one of the most dangerous legal traps during a government shutdown. BIA appeal deadlines do not stop running during a government shutdown. The 30-day deadline to file an appeal to the Board of Immigration Appeals under 8 C.F.R. § 1003.38 continues to run regardless of whether EOIR is operating at full capacity or whether immigration court hearings have been cancelled. If your deadline to file a BIA appeal falls during the shutdown, you must file on time — or risk losing your right to appeal permanently.
Similarly, response deadlines to USCIS Requests for Evidence (RFEs) do not automatically toll during a shutdown. USCIS typically does not automatically extend RFE response deadlines simply because a shutdown is occurring. Contact your attorney immediately if you have any pending deadline.
Biometric Appointments (ASC): May Be Cancelled or Delayed
Application Support Centers (ASCs) that conduct biometric appointments (fingerprints and photographs for I-485, N-400, and other applications) may cancel or reduce appointments during the shutdown if ASC staffing is affected. Biometric delays create downstream processing bottlenecks — your I-485, N-400, or other application cannot be adjudicated until biometrics are completed. If you have an ASC appointment scheduled during the shutdown:
- Check your USCIS online account for any appointment status changes
- Do not skip your appointment without official cancellation notice from USCIS
- If your appointment is cancelled, document the cancellation in writing and contact your attorney to request rescheduling as quickly as possible
- Biometric delays caused by the shutdown may provide grounds for requesting processing accommodations
E-Verify: May Go Offline
E-Verify, the federal employment eligibility verification system, is operated by USCIS but funded through appropriations — not fees. During the current shutdown, E-Verify may be unavailable. Employers should check the E-Verify official site for current status. When E-Verify goes down, DHS typically issues guidance extending deadlines for employers to create E-Verify cases for new hires. The three-day rule for creating E-Verify cases is tolled during system outages.
Passport and Travel Document Processing: Significant Slowdowns
Many passport and visa processing services may experience delays or partial shutdowns if State Department funding lapses. If you have international travel planned and need a new or renewed U.S. passport or travel document, take action immediately.
National Visa Center (NVC) and Consular Processing
For families waiting for immigrant visa interviews at U.S. embassies abroad, the shutdown creates additional uncertainty. The National Visa Center’s document processing and consular immigrant visa interviews may be delayed if State Department and consular operations are affected by the funding lapse. Families with scheduled immigrant visa interviews abroad should contact their consular post and their attorney to confirm appointment status.
Impact on Your Pending USCIS Applications Right Now
I-485 (Adjustment of Status) Applications
Most I-485 applications will continue to be processed using USCIS fee funds. However: confirm any scheduled USCIS interview with your attorney; check whether your biometric appointment is still scheduled; understand that background check coordination with other agencies may slow; and confirm BIA appeal deadlines if you have any related appeal pending.
Naturalization (N-400) Applications
Naturalization applications are fee-funded and should continue processing at USCIS. Citizenship interviews and oath ceremonies are expected to proceed. However, confirm your scheduled appointment directly, as field office capacity may vary.
Employment Authorization Documents (EAD) and Advance Parole
If you have an EAD or Advance Parole document set to expire in the coming weeks, this is a matter of serious urgency. Do not wait to see how the shutdown resolves. Some categories of EAD have automatic extension provisions — your attorney can advise whether you qualify. Traveling internationally on an Advance Parole document while a shutdown creates uncertainty in processing could put your status at risk. Consult your attorney before any international travel.
Your Immigration Court Hearing During the Shutdown: What to Do
If your non-detained immigration court hearing is cancelled or rescheduled due to the shutdown, the following steps are essential:
Get written confirmation. Check the EOIR Automated Case Information System using your alien registration number (A-Number) for official case status. Do not rely on informal reports.
Preserve your appearance rights. Under INA § 240(b)(5), failure to appear at a scheduled hearing — without adequate legal excuse — results in an automatic in absentia order of removal. It is always safer to appear than to assume cancellation.
File for a continuance if necessary. Under 8 C.F.R. § 1003.18, immigration judges have discretion to grant continuances for good cause. Your attorney should file this motion promptly with detailed supporting documentation if the shutdown is genuinely affecting your ability to appear or prepare. A continuance is not guaranteed even during a shutdown.
Remember: BIA appeal deadlines continue running. Even if your immigration court hearing is postponed, any BIA appeal deadline that falls during the shutdown period continues to run under 8 C.F.R. § 1003.38. File on time or risk losing your appeal rights.
What Is a Government Shutdown — Legal Framework
The legal basis for the shutdown’s impact is the Antideficiency Act, 31 U.S.C. § 1341, which prohibits federal agencies from spending without congressional appropriation. Under 31 U.S.C. § 1342, agencies may not accept voluntary services to circumvent this prohibition. Essential functions continue under an exception for functions necessary for the safety of human life or protection of property. OMB Circular A-11 provides agency-by-agency guidance on which functions are essential. ICE and CBP continue as essential functions; USCIS continues as a fee-funded agency; EOIR’s non-detained docket is suspended as a non-essential appropriated function; BIA appeal deadlines continue to run.
Why Having an Immigration Attorney During This Shutdown Is More Critical Than Ever
During a government shutdown, the immigration system does not become simpler — it becomes more unpredictable. Rules change rapidly. Deadlines remain. Enforcement continues. The agencies that protect your rights may slow while the agencies that enforce removal do not.
An experienced immigration attorney during this shutdown will:
- Monitor your case status across USCIS, EOIR, and enforcement databases
- File timely motions for continuance if your hearing is affected
- Ensure no deadline passes unnoticed — including BIA appeal deadlines and RFE response deadlines
- Advise you on the risks of any international travel
- Represent you if ICE makes contact
- Identify strategic opportunities created by shutdown delays
- Keep you informed with accurate, real-time information — not rumors
This is not the moment to navigate the immigration system alone.
Sources and Official Resources
- Antideficiency Act, 31 U.S.C. § 1341 — Prohibition on spending without appropriation
- Antideficiency Act, 31 U.S.C. § 1342 — Prohibition on accepting voluntary services
- Immigration and Nationality Act — USCIS Fee Funding, INA § 286(m), 8 U.S.C. § 1356(m)
- Immigration and Nationality Act — Removal Proceedings, INA § 240, 8 U.S.C. § 1229a
- Continuances in Immigration Proceedings, 8 C.F.R. § 1003.18
- BIA Appeal Deadline, 8 C.F.R. § 1003.38 — 30-day appeal period to the Board of Immigration Appeals (not tolled by government shutdown)
- USCIS Processing Times
- EOIR Automated Case Information System
- E-Verify Official Website
- OMB Circular A-11, Guidance on Shutdown Furloughs — Essential vs. Non-Essential Functions
Frequently Asked Questions: Government Shutdown and Immigration 2026
Is USCIS open during the 2026 government shutdown?
Yes, USCIS is largely open and operating during the 2026 government shutdown. Because USCIS is primarily funded by application fees under INA § 286(m) rather than congressional appropriations, most USCIS functions continue normally. However, some USCIS services that rely on appropriated funds — and biometric appointment services that may be affected by staffing — may be reduced or delayed. Always confirm your specific appointment or application status directly through USCIS official channels.
Are BIA appeal deadlines extended during the shutdown?
No. This is one of the most dangerous misconceptions during a government shutdown. The 30-day deadline to appeal to the Board of Immigration Appeals under 8 C.F.R. § 1003.38 continues to run during a government shutdown regardless of whether immigration courts are operating at full capacity. Missing this deadline can result in permanent loss of appeal rights. If you have a BIA appeal deadline during the shutdown, file on time. Contact your attorney immediately.
Will my immigration court hearing be cancelled during the shutdown?
If you have a non-detained immigration court hearing, it may be cancelled, postponed, or continued due to the shutdown. Detained hearings continue as an essential function. Do not assume your hearing is cancelled without written confirmation from EOIR. Check the EOIR case information system and contact your attorney immediately. Appearing when scheduled protects you from an in absentia order of removal.
Does ICE continue making arrests during a government shutdown?
Yes. ICE enforcement — including arrests, detentions, and deportations — continues during a government shutdown. ICE is classified as an essential function. The shutdown does not create any legal protection from enforcement action. If you have any outstanding removal order or enforcement concern, contact an attorney immediately.
What about DACA renewals during the shutdown?
DACA renewals are processed by USCIS using fee funds and should generally continue to be processed during the shutdown. However, DACA recipients should be aware that ongoing litigation about DACA’s legal status creates uncertainty independent of the shutdown, and any renewal requiring interagency background check coordination may experience delays. DACA recipients with renewals due in the coming weeks should consult an attorney to confirm their current status.
My biometric appointment (ASC) is scheduled during the shutdown — will it happen?
ASC biometric appointments may be cancelled or delayed if Application Support Center staffing is affected by the shutdown. Check your USCIS online account for any appointment status changes. Do not skip your appointment without official cancellation notice from USCIS. If your appointment is cancelled, document the cancellation in writing and contact your attorney to request rescheduling as quickly as possible, since biometric delays create downstream bottlenecks for your entire application.
What happens to my pending green card application during the shutdown?
Most Form I-485 (green card) applications are processed by USCIS using fee funds and should continue to be adjudicated during the shutdown. If your I-485 requires an interview, confirm your appointment status. Additionally, if your case requires a biometric appointment, see the ASC question above. If your case requires coordination with a consular post or other agency that may be affected by the shutdown, delays are possible.
Are RFE response deadlines extended during the government shutdown?
No — not automatically. USCIS does not automatically toll or extend Request for Evidence response deadlines during a shutdown. Unless you receive explicit written notice from USCIS extending your specific deadline, you must respond on time. Missing an RFE deadline can result in denial of your application. Contact your attorney immediately if you have a pending RFE. You may request an extension citing the shutdown as extraordinary circumstances under 8 C.F.R. § 103.5, but USCIS has discretion whether to grant it — do not count on an extension being granted.
Can I travel internationally during the shutdown?
International travel during a shutdown carries elevated risks. If you are traveling on Advance Parole, consult your attorney before traveling — processing delays during the shutdown could create complications. CBP continues operating at ports of entry, so you can technically depart and return, but any pending application that could be disrupted by travel uncertainty should be analyzed with an attorney first. If you have any pending application and are uncertain, do not travel internationally without consulting your attorney.
How long will the 2026 government shutdown last?
We cannot predict when Congress will reach a funding agreement. Past shutdowns have lasted anywhere from a single day to more than a month. Do not assume a rapid resolution. Protect your case now as if the shutdown may continue for weeks.
Protect Your Immigration Case Right Now — Contact Our Office Today
The 2026 government shutdown is a call to act immediately — do not wait. If you have a pending application, an upcoming court date, a BIA appeal deadline, an expiring document, or any enforcement concern, secure experienced legal representation to protect your rights during this uncertain time.
Our immigration law firm actively monitors the shutdown’s impact on clients in real time. We track USCIS, EOIR, ICE, and BIA developments as they happen and guide clients on the exact steps to safeguard their cases. Our attorneys file timely motions for continuance, monitor BIA deadlines, track biometric appointment cancellations, and advise clients on ICE enforcement risks.
Do not face this alone. Missing a BIA deadline, attending an unconfirmed hearing, or encountering enforcement without legal guidance can have lasting consequences for you and your family.
Call our office today at (818) 900-5707 for an urgent consultation. We represent immigrants nationwide. Now is the best time to have a knowledgeable immigration attorney advocating for you.
The situation is changing rapidly. We will update this article as new developments occur regarding the February 2026 shutdown and its impact on immigration proceedings.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. The information in this article reflects conditions as of February 2026 and is subject to change as the government shutdown evolves. No attorney-client relationship is created by reading this article. Please consult a licensed immigration attorney for advice specific to your situation.
