When the federal government shuts down due to a lapse in appropriations, many agencies suspend or reduce operations. While “essential” personnel remain on duty, most others are furloughed. Below is an overview of how key immigration-related agencies have historically operated during shutdowns, along with practical considerations for individuals, employers, and attorneys.
USCIS
U.S. Citizenship and Immigration Services (USCIS) is primarily fee-funded, which means most of its operations continue during a shutdown. However, programs that rely on congressional appropriations are suspended or limited, including:
- E-Verify
- Conrad 30 J-1 Doctors
- Certain Religious Worker Programs (non-minister positions)
Special Notes:
- The EB-5 Immigrant Investor Regional Center Program will not be impacted by a shutdown, as it is authorized through September 30, 2027.
- The Special Immigrant Religious Worker Program is set to sunset on September 30, 2025, unless reauthorized.
- Employers may continue to use the alternate process for remote I-9 verification even if E-Verify is unavailable.
- USCIS has previously allowed late I-129 filings if the primary reason for delay was a government shutdown.
Department of State (DOS)
Visa and passport operations are generally fee-funded and remain open. However, if funds at a particular consular post are insufficient, services may be restricted to diplomatic visas and life-or-death emergencies.
Customs and Border Protection (CBP)
CBP inspection and law enforcement personnel are deemed essential. Ports of entry remain open, and passenger processing continues. However, certain applications filed at the border may experience delays.
Immigration and Customs Enforcement (ICE)
- Enforcement and Removal Operations (ERO): Continue operating.
- Office of Principal Legal Advisor (OPLA): Attorneys focus on detained dockets.
- Student and Exchange Visitor Program (SEVP): Remains unaffected, as it is fee-funded.
- Access to detained clients generally continues, including phone calls and visitation.
Executive Office for Immigration Review (EOIR)
- Detained Dockets: Cases proceed as scheduled.
- Non-Detained Dockets: Typically postponed until after funding resumes. Respondents and attorneys should expect new hearing notices.
- ECAS Filing: Uploads may be possible, but filings may not be accepted until funding is restored.
- Credible Fear Reviews and FERM Cases: Likely to continue as essential functions.
Department of Labor (DOL)
The Office of Foreign Labor Certification (OFLC) halts all operations during a shutdown. Impacts include:
- Suspension of PERM processing, LCA certifications, and other filings.
- FLAG system deactivation.
- BALCA and DOL ALJ dockets placed on hold.
Congressional Constituent Services
Some congressional offices may close during a shutdown. To identify your representatives and inquire about services:
- U.S. Senate: www.senate.gov/senators/senators-contact.htm
- House of Representatives: www.house.gov/representatives/find-your-representative