Q#1: When the Department of Homeland Security ran out of funding on February 14th, what specific departments did that affect?
A#1: The main components of Department of Homeland Security are U.S. Citizenship & Immigration Services (USCIS), Customs and Border Patrol (CBP), Immigration Customs Enforcement (ICE), the Coast Guard, the Secret Service, and Federal Emergency Management Agency (FEMA).
Q#2: Do immigration enforcement activities stop during a funding lapse?
A#2: Generally, no. Agencies like ICE and CBP typically continue enforcement and border operations because they are considered essential to national security and public safety. Officers and agents are required to remain on duty, though many work without pay until funding is restored.
Q#3: Currently, what are the main issues preventing the Department of Homeland Security from being fully funded?
A#3: Senate Democrats (and some Republicans) are proposing reforms including more oversight, agents wearing body cameras, not allowing agents to wear masks, limiting warrantless entries, and restricting enforcement in sensitive locations. This is due to the killing of multiple US Citizens by ICE during their recent deployment in Minneapolis and the indiscriminate rounding up of anyone that falls into ICE’s orbit, whether here legally or not.
Q#4: What happens to the processing of immigration benefit applications during a shutdown?
A#4: U.S. Citizenship and Immigration Services (USCIS) handles affirmative applications for green cards, work permits, asylum, citizenship, and other benefits. USCIS is primarily funded through application filing fees rather than through congressional appropriations. As a result, most of its operations continue uninterrupted during a funding lapse. However, related Department of Homeland Security functions that rely on congressional funding — such as policy, oversight, and support roles — face slowdowns that potentially contribute to processing delays.
Q#5: Could there be delays at the border or in the immigration courts?
A#5: Border and airport inspections and processing of migrants generally continue uninterrupted, but staffing and administrative support may be strained. The Immigration Courts actually fall under the Department of Justice rather than Department of Homeland Security, so the current funding lapse does not affect the Immigration Courts at all.
Q#6: What are the longer-term implications of the shutdown from an immigration perspective?
A#6: Extended funding gaps can increase case backlogs, delay modernization initiatives, and add uncertainty to those navigating the legal system. For immigration attorneys, advocacy groups, and applicants, even short-term disruptions can create ripple effects that last well beyond the lapse itself.
Q#7: What ends the disruption?
A#7: Immigration-related disruptions continue until Congress passes and the President signs legislation funding the Department of Homeland Security and all of the departments within it. Once funding is restored, full operations resume, though agencies may require additional time to address issues that occurred during extended delays.
As the topic of immigration continues to be a central issue in national policy debates, funding lapses at the Department of Homeland Security highlight how budget negotiations in Congress can directly impact the immigration laws and those navigating them.
Q#8: When do we expect legislation to be voted on and signed?
A#8: Given the current military conflict involving Iran, the President and Congress are engaged in ongoing discussions regarding war powers and national security priorities both within and outside of the US. So, funding the Department of Homeland Security remains a critical responsibility, particularly in light of the United States’ international and domestic security commitments. For that reason, Congress needs to continue working toward a resolution and come to an agreement very soon.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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