DHS Shutdown Not Expected to Affect Most ICE, CBP, USCIS Operations

On February 14, 2026, the Department of Homeland Security (DHS)’s funding lapsed due to a breakdown in spending bill negotiations between Democrats and Republicans over how DHS agencies conduct their operations. DHS is therefore technically in partial shutdown status, although certain operations are expected to continue, including most activities conducted by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. U.S. Citizenship and Immigration Services fee-funded activities are also expected to continue during the shutdown.

To unblock the funding, Democrats are demanding that Congress impose certain “guardrails” on DHS agencies, such as prohibiting DHS officers from conducting stops, questioning, and searches based on an individual’s presence at certain locations, their job, their spoken language and accent, or their race and ethnicity; requiring officers to use body cameras, remove masks, and display identification; obtaining judicial search warrants before entering homes; and prohibiting funds from being used to conduct enforcement near sensitive locations, including medical facilities, schools, child-care facilities, churches, polling places, and courts.

The partial shutdown is expected to last at least a week, with the caveat that members may be called back to Congress if a viable agreement is reached.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.