The January 2026 partial shutdown hit DHS and 45% of federal workers

A partial government shutdownGovernment ShutdownA lapse in federal funding that forces non-essential agencies to halt operations when Congress fails to pass appropriations legislation or a continuing resolution before money runs out.Key ConceptGovernment ShutdownA lapse in federal funding that forces non-essential agencies to halt operations when Congress fails to pass appropriations legislation or a continuing resolution before money runs out.Open conceptBookmark began on Jan. 31, 2026, after Senate Democrats refused to pass a Department of Homeland Security funding bill without reforms to immigration enforcement. The deadlock followed the killing of two American citizens, Alex Pretti and Renee Nicole Good, by CBP agents during protests in Minneapolis. The deaths converted a routine budget fight into a constitutional standoff over who controls how federal immigration agents use force.

The first shutdown lasted four days, from Jan. 31 to Feb. 3, 2026, affecting about half of all federal departments. Congress passed a two-week continuing resolutionContinuing ResolutionA temporary spending bill that keeps the government funded when full appropriations bills haven't passed.Key ConceptContinuing ResolutionA temporary spending bill that keeps the government funded when full appropriations bills haven't passed.Open conceptBookmark to fund most agencies while negotiations on DHS reform continued. A second, DHS-only shutdown began Feb. 14, 2026, when Congress still couldn't agree on reform terms.

More than 500,000 federal workers worked without pay as essential personnel, and more than 480,000 were furloughed across the government. Workers classified as "essential" must report without pay under the Antideficiency ActAntideficiency Act1870 law prohibiting federal agencies from spending money they haven't been appropriated by Congress, enforced through government shutdowns.Key ConceptAntideficiency Act1870 law prohibiting federal agencies from spending money they haven't been appropriated by Congress, enforced through government shutdowns.Open conceptBookmark. Congress passed backpay legislation when the first shutdown ended, but there is no legal guarantee of backpay — workers with bills due faced real financial hardship.

ICE continued operating throughout both shutdowns because it was funded separately through the $78 billion appropriated under the One Big Beautiful Bill Act through 2029. That funding structure meant the enforcement operations that triggered the shutdown did not actually stop. Senate Democrats' funding leverage didn't reach the agency they were trying to reform.

Senate Minority Leader Chuck Schumer laid out five specific DHS reform demands after the Minneapolis killings: removal of masks by DHS law enforcement, mandatory body cameras, third-party warrants to enter homes, end of roving ICE patrols in metropolitan areas, and uniform restrictions on use of force. The White House rejected all five demands.

The Antideficiency Act, enacted in the late 19th century and significantly amended in 1982, requires agencies to stop operations when Congress has not appropriated funds. The modern practice of broad government shutdowns stems from Justice Department opinions issued under Attorney General Benjamin Civiletti in 1980-81, which interpreted the law more broadly than its original text. Congress has never changed the underlying law to prevent shutdowns.

The OPM shutdown guidance, posted in January 2026, instructed agencies on which employees were "excepted" from furlough. DHS also called furloughed staff back to work despite the ongoing shutdown, creating legal uncertainty for workers who weren't sure whether they were required to report without pay.

Congress holds the constitutional power of the pursePower of the PurseThe constitutional power of the legislative branch to control government spending through appropriations.Key ConceptPower of the PurseThe constitutional power of the legislative branch to control government spending through appropriations.Open conceptBookmark under Article I, Section 9. The executive branch controls how appropriated money gets spent once it's authorized. Senate Democrats could defund DHS, but they couldn't specify how DHS agents use force once DHS is funded — that authority rests with the president and agency heads.

The first partial shutdown affected about 45% of the 2.2 million civilian federal workforce. Defense, VA, and other agencies that had already received full-year appropriations were unaffected. This is why it was called a "partial" shutdown rather than a complete funding lapse.

Congress has passed all annual appropriations bills on time only four times since the fiscal year was set to Oct. 1 in 1976. Continuing resolutions have become the routine workaround, but they set up eventual shutdown showdowns when the CR itself expires.