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DHS Partial Shutdown: What Feds Should Do Now

anti-deficiency act dhs shutdown federal employment federal pay government shutdown Feb 23, 2026
 

As of February 23, 2026, most of the federal government is funded through the end of the fiscal year. The Department of Homeland Security is not. Congress passed full-year appropriations for other agencies but gave DHS only a short-term bridge that expired on February 13. When that deadline passed, DHS entered a lapse in appropriations under the Anti-Deficiency Act.

That matters because a lapse triggers strict legal rules. Agencies cannot obligate funds that have not been appropriated. This is why the shutdown is DHS-only — and why the operational consequences feel uneven and confusing.

The takeaway: this is not a government-wide crisis. It is a targeted funding gap with real but compartmentalized effects.

Excepted, Exempt, and Furloughed: Know Your Status

“Shutdown” does not mean “no one works.” Within DHS, employees generally fall into three categories:

  • Excepted: Continue working because duties involve life, safety, property protection, or are otherwise required by law.

  • Exempt: Continue working because salary is funded through fees or alternative funding streams not dependent on annual appropriations.

  • Furloughed: Must stop work after completing shutdown activities.

Reports indicate that more than 90% of DHS personnel are still reporting to duty. That reality creates a strange dynamic: the agency continues core missions, while pressure shows up in discretionary services and programs more dependent on annual funding.

Concrete step: if your status is unclear, request written confirmation from your chain of command. Do not rely on hallway conversations.

Where the Pressure Shows Up First

Shutdown leverage rarely begins with “headline missions.” Instead, visible services and discretionary programs tighten first. Traveler programs, processing delays, FEMA activities labeled “non-immediate,” and travel restrictions are common early pressure points.

This is not accidental. It reflects resource triage and, at times, political leverage. Understanding that pattern can reduce unnecessary anxiety. Operational disruption does not automatically signal agency collapse — it often signals strategic prioritization.

The Real Anxiety: Will You Be Paid?

Historically, Congress has almost always authorized retroactive back pay after shutdowns. In recent years, legislation has explicitly included retroactive pay provisions.

However, back pay is not legally automatic until Congress enacts it for this specific lapse. Public messaging this year has been careful to note that retroactive pay requires legislation.

The realistic assessment: back pay is likely, but not guaranteed until passed.

Practical takeaway:

  • Maintain detailed records of hours worked if excepted.

  • Preserve all written directives and status notices.

  • If furloughed, do not “volunteer” work such as checking email. That can create legal complications under the Anti-Deficiency Act.

Reading the Political Signals

Congress has returned to session. Whether leadership moves quickly depends on whether a negotiated framework already exists. DHS funding is currently entangled in broader immigration-enforcement disputes.

Prediction markets have leaned toward a longer disruption, with many pricing resolution after March 31 more heavily than an immediate fix. That is not a forecast — but it reflects expectations that pressure may need to build before compromise occurs.

If seeking real signals rather than rumors, watch for:

  • A DHS-only continuing resolution scheduled for a vote.

  • Credible reporting that legislative text is circulating.

  • Confirmed missed paychecks.

  • Escalating service cutbacks.

A Mindful Approach in Uncertain Weeks

Shutdowns create a particular kind of stress: uncertainty without control. The discipline here is practical clarity. Know your status. Keep records. Follow written directives. Avoid speculation spirals.

Stability begins with accurate information — and measured action.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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