Overview
DHS Shutdown Pending. A partial government shutdown involving agencies within the Department of Homeland Security (DHS) Appropriations Subcommittee bill now appears inevitable as Congress remains deadlocked ahead of today's funding deadline for the final FY26 bill. The dispute centers on immigration enforcement, with Democrats pushing for limits on certain Immigration and Customs Enforcement (ICE) operations and stronger accountability measures, while Republicans seek restrictions on sanctuary city policies and additional protections for DHS personnel.
Negotiations have made little progress this week despite ongoing proposal exchanges between the White House and congressional Democrats. On Thursday, the Senate rejected a temporary DHS funding extension, with Democrats insisting they will not back a short-term measure without tangible progress on the broader immigration reforms they seek.
With both chambers now in recess for a week, the funding lapse is expected to persist until at least the week of February 23. Senate Majority Leader John Thune (R‑SD) has said he will not keep the chamber in session without a viable agreement, while House Speaker Mike Johnson (R‑LA) has placed the House on 48‑hour notice in case negotiations advance.
The operational impact of a shutdown for DHS would be uneven. Immigration enforcement agencies, including ICE and Customs and Border Patrol (CBP), could continue most operations because of mandatory funds and additional funding included in last year's budget reconciliation law, the One Big Beautiful Bill Act. Other DHS agencies—such as the Transportation Security Administration, the Federal Emergency Management Agency, the Cybersecurity and Infrastructure Security Agency and the Coast Guard—could face staffing shortages and operational disruptions. Earlier this week, House Appropriations Ranking Member Rosa DeLauro (D‑CT) introduced a bill to fund all DHS components except ICE and CBP, but Republican leaders quickly rejected the proposal.
While the disruption is likely to be narrower than the last government shutdown, the immigration standoff remains a significant final obstacle to completing FY26 appropriations.
Bringing Labor-HHS Earmarks Back? House appropriators are reportedly considering ending their self‑imposed ban on community project funding requests—better known as "earmarks"—in the Labor‑HHS‑Education appropriations bill for FY27. Such a change would align House policy with the Senate, which already permits earmarks in this measure.
The potential shift comes as Appropriations Chair Tom Cole (R‑OK) signals support for giving lawmakers greater flexibility to direct funds to local projects, provided doing so does not increase overall spending. Labor‑HHS Subcommittee Chair Robert Aderholt (R‑AL) has emphasized that his subcommittee would ensure there are strict "guardrails" around Member requests.
Earmarks returned to Congress in 2021 after a decade‑long ban, under a system with new transparency requirements and a cap of 1% of discretionary spending, split evenly between the two chambers. While supporters argue they help members address district‑specific needs and are consistent with Congress's "power of the purse," critics see them as a driver of wasteful spending.
That divide has been on display in recent months. The Senate's inclusion of earmarks in the FY26 Labor‑HHS bill frustrated some conservatives in the House, prompting Rep. Ralph Norman (R‑SC) to propose an amendment last month to strip all earmarks from the final measure. The effort failed decisively, 136‑291, but it underscored ongoing tensions over whether the House should return to allowing earmarks in this subcommittee.
