More than six weeks after the Department of Homeland Security (DHS) ran out of funding on February 14, 2026, the effects of the lapse are no longer theoretical—they are increasingly visible in day-to-day immigration operations across the country.
While last month’s article focused on whether essential services would continue, the current reality shows a system that is still functioning, but is under growing strain.
Q#1: What has changed since the first weeks of the funding lapse?
A#1: At the outset, most DHS functions continued with minimal disruption because many personnel were deemed “essential.” However, as the funding lapse has stretched into its sixth week, the operational strain has become more apparent. Employees across multiple agencies— most noticeably TSA—have continued working without pay, affecting morale and efficiency. However, CBP and ICE continue to be paid based on massive funding received through the One Big Beautiful Bill Act passed in July of 2025.
Q#2: How are airports being affected?
A#2: Airports have become one of the most visible pressure points. With TSA officers working without pay, there are concerns about staffing shortages and fatigue. Reports indicate ICE officers are trying to assist with airport operations to support broader DHS functions. This helps maintain operations but given ICE’s lack of training in airport security, significant strain remains.
Q#3: Since ICE is now assisting TSA at airport security, is it safe for me to fly if I don’t have lawful status?
A#3: No. It has not been safe for someone without lawful status to fly ever since the RealID Act came into force in May of 2025. The RealID Act prevents people from flying if they don’t have valid FEDERAL identification. Since many STATE Driver’s Licenses can no longer be used, people can no longer fly unless they present documentation that would demonstrate they are in the US unlawfully, like a foreign passport. Additionally, most airports already have ICE and CBP officers patrolling them, so even when they weren’t assisting TSA, they were still present and could detain people.
Q#4: Does immigration enforcement continue during this period?
A#4: Yes. ICE and CBP continue enforcement activities, including arrests, detention, and removals. These functions are considered essential, though limited resources and reduced support have increased scrutiny of enforcement practices.
Q#5: What about immigration benefits and applications?
A#5: USCIS continues operating largely as normal because it is funded through application fees. However, indirect delays may occur due to reduced support functions within DHS.
Q#6: What are the broader implications of this prolonged lapse?
A#6: The longer the funding gap continues, the greater the impact: increased backlogs, delayed policy implementation, strain on personnel, and reliance on temporary measures like ICE assisting at airports.
Q#7: When will the funding lapse end?
A#7: There is no clear resolution yet though a measure passed the Senate to fund all of DHS except ICE and CBP recently passed, but the House of Representatives is not anticipated to sign onto the measure. However, the Senate begins a 2-week recess on March 27th so it’s likely that DHS will continue to operate in a limited capacity for at least a few more weeks.
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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