As of 12:01 a.m. ET on January 31, 2026, portions of the federal government entered a partial shutdown following a lapse in funding for the Department of Homeland Security (DHS). While shutdowns create understandable concern for immigrants and their families, the practical impact on immigration matters is often more nuanced than many expect. This article explains what is happening, which immigration functions continue, and how your case may be affected.
Why the Shutdown Happened
The current shutdown stems from a funding dispute involving DHS, with lawmakers divided over proposed changes to immigration enforcement policies. Negotiations have centered on potential restrictions on federal immigration agents, including requirements for warrants in certain arrests, visible identification standards, and limits on enforcement practices.
Despite the political disagreement, DHS has designated most immigration-related functions as essential operations. As a result, many immigration agencies continue to operate even without current appropriations.
Which Immigration Agencies Continue Operating
DHS is a large department that includes multiple agencies involved in immigration processing and enforcement. The following agencies continue to operate during the shutdown:
- U.S. Citizenship and Immigration Services (USCIS)
- Immigration and Customs Enforcement (ICE)
- Customs and Border Protection (CBP)
- Transportation Security Administration (TSA)
Because immigration enforcement and border security are classified as essential functions, officers and personnel typically remain on duty, often working without pay until funding is restored.
In practical terms, this means that immigration enforcement activities, inspections at ports of entry, and detention operations generally continue without interruption.
USCIS Processing During a Shutdown
USCIS is primarily funded through filing fees rather than congressional appropriations. For that reason, most USCIS operations continue during a shutdown. However, applicants should expect potential indirect effects:
Possible impacts include:
- Slower processing times due to reduced interagency coordination
- Delays in interviews or biometrics appointments
- Rescheduling of certain in-person appointments
- Slower responses from agencies that USCIS relies on for background checks or documentation
Importantly, USCIS continues to accept and process applications, including adjustment of status, naturalization, employment authorization, asylum applications, and family-based petitions.
Immigration Court and Department of Justice Operations
Immigration courts fall under the Department of Justice, which currently remains funded. As a result:
- Most immigration court hearings continue as scheduled.
- Filing deadlines remain in effect.
- Failure to appear at a hearing can still result in serious consequences.
Clients should assume that court dates remain active unless specifically notified otherwise.
Enforcement Activity During the Shutdown
ICE and CBP operations are considered essential and continue largely unchanged during a shutdown. Enforcement activity does not pause simply because funding has lapsed. Individuals with pending cases, prior removal orders, or unresolved status issues should continue exercising caution and maintaining compliance with all immigration requirements.
Travel and Passport Considerations
Travel may be affected even when immigration agencies remain operational.
- TSA officers continue working but without pay, which can lead to staffing shortages over time.
- Airport delays may increase if the shutdown continues for an extended period.
- Passport services may experience delays because of staffing constraints.
Individuals with upcoming international travel should plan additional time for security and processing.
Secondary Effects That May Affect Immigration Cases
Shutdowns often create indirect disruptions that affect immigration timelines:
- Social Security Administration services may slow, affecting new card issuance or replacements.
- Federal background check processing may slow.
- FEMA and other federal agencies may delay projects or documentation needed in certain immigration cases.
- The State Department may experience delays affecting visa issuance abroad.
These secondary impacts can slow case progress even when immigration agencies themselves remain open.
What Clients Should Do Now
If you currently have an immigration matter pending, the following steps are advisable:
1. Continue attending all scheduled appointments and hearings.
2. File applications and responses on time.
3. Avoid unnecessary international travel if timing is sensitive.
4. Maintain updated contact information with USCIS and the immigration court.
5. Monitor official notices rather than relying on rumors or social media updates.
Our Office Remains Open
Saluja Law remains fully operational during the shutdown. We continue to monitor agency announcements and policy developments closely and will advise clients if changes occur that materially affect their cases.
Government shutdowns create uncertainty, but most immigration processes continue. The primary impact tends to be delay rather than cancellation or termination of cases. Understanding how agencies function during this period allows applicants to plan appropriately and avoid unnecessary disruption.
If you have questions about how the shutdown may affect your specific immigration matter, contact our office for guidance tailored to your case.