The U.S. Government is facing a potential shutdown as Congress has yet to pass a spending bill to extend funding past September 30, 2025. If these appropriation bills are not approved, government agency funding will cease on October 1, 2025, potentially leading to the closure of many federal agencies.

We understand that clients and others with pending immigration matters may be concerned about the implications of such a shutdown. The impact on your immigration case will depend on its type and current stage. Below, we provide an overview of how a government shutdown could affect immigration matters.

•  U.S. Citizenship and Immigration Services (USCIS):

Because USCIS is funded by fees, its operations typically remain unaffected by government shutdowns. However, an exception applies to programs that receive appropriated funds, such as E-Verify, the EB-5 Immigrant Investor Regional Center Program, the Conrad 30 Waiver Program, and programs for non-minister religious workers. These specific programs may face suspension or other disruptions. It’s worth noting that the EB-5 Immigrant Investor Regional Center Program is reauthorized until September 30, 2027, so it should not be impacted by any upcoming government shutdown.

• U.S. Department of State (DOS):

Typically, government shutdowns do not affect visa and passport services because these operations are funded by fees. However, if a specific embassy or consulate lacks sufficient fees to cover its operating costs, or experiences reduced staffing, consular operations may be impacted. In such cases, the embassy or consulate will limit its services to diplomatic visas and urgent emergencies, specifically those involving matters of life or death.

• Customs and Border Protection (CBP):

During a government shutdown, “essential” inspection and law enforcement staff continue their work. This ensures that ports of entry remain open and the processing of passengers seeking entry into the U.S. proceeds as usual. The electronic I-94 retrieval system also continues to function. However, foreign nationals planning to submit applications at a port-of-entry or a pre-clearance facility (such as TN and L-1 visa applications for Canadian nationals) might experience disruptions. These individuals should reach out to their intended port-of-entry or pre-clearance facility to verify its operational status.

• Immigration and Customs Enforcement (ICE):

During a government shutdown, ICE will continue its enforcement and removal operations, though its attorneys will primarily concentrate on the detained docket. ICE’s Student and Exchange Visitor Program (SEVP) offices will remain unaffected as SEVP is fee-funded.

• Executive Office for Immigration Review (EOIR):

A government shutdown significantly affects immigration court proceedings and the Board of Immigration Appeals (BIA).

• Immigration Courts (EOIR):
• • • Detained Individuals: Cases involving foreign nationals who are detained will continue as usual.
    • Non-Detained Individuals: Unlike previous shutdowns, non-detained docket cases are currently proceeding as usual at EOIR Immigration Courts. This is a critical departure! You should not assume your hearings has been cancelled. 
      
    • Filings:
      • Immigration Courts handling detained dockets will accept and process all filings related to detained cases.
      • Immigration Courts exclusively handling non-detained dockets are currently open and accepting filings. Again, this is a departure from operations during past shutdowns. 
      • You will likely be able to upload filings to ECAS during the government shutdown, but they might not be formally accepted until funding is restored.
    • Essential Cases: We anticipate that credible fear reviews and cases within the Family Expedited Removal Management (FERM) program will be deemed essential and will continue during a shutdown.
    • Updates: Always check the EOIR’s Immigration Court Operational Status for the latest information on court closures.
• Board of Immigration Appeals (BIA):
• During a shutdown, the BIA will operate with limited services.
• It will primarily focus on processing emergency requests for stays of removal and matters involving detained aliens, including appeals, motions, and federal court remands.

• U.S. Department of Labor (DOL):

A government shutdown would significantly impact the Department of Labor, particularly the Office of Foreign Labor Certification (OFLC). During a shutdown, the OFLC would stop processing all applications, and its web-based systems—the Foreign Labor Application Gateway (FLAG) and the permanent labor certification program (PERM)—would become inaccessible. This would prevent employers from submitting labor condition applications (LCAs), PERM labor certification applications, and prevailing wage requests until the shutdown concludes. Additionally, matters before the Board of Alien Labor Certification Appeals (BALCA) would be put on hold. The OFLC may provide guidance regarding filing deadline flexibility in the event of a shutdown.

• Congressional Constituent Services:

Some congressional offices may close during a government shutdown. Individuals needing congressional assistance would need to contact their representative or senator’s office for more information about operations. 

• Driver’s License Applications

State governments handle the issuance of driver’s licenses, so a federal government shutdown typically doesn’t affect them. However, foreign nationals might experience delays in getting or renewing driver’s licenses if their immigration status needs to be verified through the Electronic Immigration Status Verification (SAVE) system. Disruptions could occur if the SAVE system is shut down or doesn’t have enough staff.

Do You Need Legal Help With Your Immigration Case?

Cohen, Tucker + Ades stands ready to help individuals and employers navigate the chaos and uncertainty of a government shutdown, ensuring critical cases do not fall victim to agency closures. 

Sources:

Practice Alert: What Happens If the Government Shuts Down | AILA