How Would a Government Shutdown Affect Immigration: What You Need to Know

As of December 19, 2024, a government shutdown appears increasingly likely with Congress not yet being able to pass a deal to extend government funding until March 14, 2025. Should Congress fail to pass a bill by Saturday, December 21, the government would shut down.

General Shutdown Information

In the event of a government shutdown due to budgetary constraints, all non-essential federal employees are furloughed and prohibited from performing work duties. Below is a summary of how immigration-related agencies have historically operated during shutdowns, along with updated guidance from the Department of Homeland Security (DHS).

USCIS (U.S. Citizenship and Immigration Services)

USCIS is primarily fee-funded, meaning most operations will continue as usual. However, programs dependent on appropriated funds, such as E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, will be suspended or otherwise impacted:

• E-Verify: Unavailable during the shutdown. Employers can still use the alternative remote document verification process for Form I-9.
• EB-5 Immigrant Investor Regional Center Program: Unaffected, as it is authorized through September 30, 2027.
• Special Immigrant Religious Worker Program: Set to expire on December 20, 2024, unless Congress passes a continuing resolution (CR) or appropriations package.
• Filing Exceptions: In previous shutdowns, USCIS has accepted late I-129 filings if petitioners provided evidence that delays were caused by the shutdown.

DOS (Department of State)

Visa and passport operations are primarily fee-funded and usually remain functional. However, if specific consular posts lack sufficient fees, services may be limited to diplomatic visas and “life or death” emergencies.

CBP (Customs and Border Protection)

CBP inspection and law enforcement personnel are considered essential, ensuring ports of entry remain operational. However, applications filed at the border may experience delays. 

ICE (Immigration and Customs Enforcement)

• Enforcement and Removal Operations (ERO): Will continue operations.
• Legal Proceedings: The Office of Principal Legal Advisor (OPLA) will prioritize detained immigration court cases.
• SEVP (Student and Exchange Visitor Program): Unaffected, as it is fee-funded.
• Client Access: Regular visitation and phone calls for clients in ICE custody should proceed as normal.

EOIR (Executive Office for Immigration Review)

• Detained Docket: Immigration court cases involving detained individuals will proceed.
• Non-Detained Docket: Cases will be rescheduled once funding resumes, with updated notices sent to representatives of record.
• Filing Processes: Attorneys may still upload documents to ECAS; however, filings may not be processed until funding is restored.
• Essential Cases: Credible fear reviews and Family Expedited Removal Management (FERM) cases are expected to continue. 

DOL (Department of Labor)

The Office of Foreign Labor Certification (OFLC) will halt all processing during a shutdown. Key implications include:

• FLAG System: Inaccessible during a shutdown.
• PERM and LCA Filings: Employers are advised to file by December 20, 2024, to avoid delays.
• H-2 Filings: Employers should prepare Forms ETA-9142B early to meet the January 1-3, 2025 filing deadline.
• Future Guidance: OFLC is considering flexibility measures for deadlines impacted by the shutdown.

CIS Ombudsman

The DHS Office of the CIS Ombudsman will close during a shutdown and will not accept inquiries through its online case intake system.

Congressional Constituent Services

Some congressional offices may suspend operations during a shutdown. Contact individual offices for specific information.