Government Shut-Downs and Your Immigration Case: What You Need to Know

Government shutdowns have become a recurring topic in recent years, raising questions about their potential effects on various government functions. When a shutdown occurs, "essential" employees continue working. However, many programs and departments pause operations until Congress passes a funding bill. The impact can range from minor delays to significant disruptions for individuals managing the immigration system.

This guide explains a government shutdown impact on immigration processes, provides insights into agency operations, and offers advice on what to do if your case is impacted.

Government Shutdown Impact on Immigration

A government shutdown can create ripple effects across federal agencies, including immigration cases. Understanding how different agencies are affected can help you anticipate delays or interruptions.

During a shutdown, some immigration services may pause completely while others operate at reduced capacity. For instance, immigration courts that handle non-detained cases might close, while cases involving detained individuals proceed as usual.

Similarly, fee-funded agencies like USCIS and the Department of State continue most operations. However, certain programs dependent on Congressional appropriations may be suspended. Knowing which services are likely to be impacted allows you to prepare accordingly and avoid unnecessary delays in your immigration process.

What is a Government Shutdown?

Government operations require funding, which Congress determines through annual appropriations. Some agencies rely solely on Congressional allocations, while others are primarily funded by fees collected for specific services. A shutdown occurs when Congress fails to approve a budget or pass a continuing resolution. This forces agencies without independent funding sources to halt their operations.

The effects of immigration cases depend on how each agency is funded and the nature of its work. Understanding these nuances can help you anticipate delays and plan accordingly.

Immigration Court

A government shutdown affects immigration processes differently depending on the agency and case type. Here’s how key immigration-related agencies handle their operations during a shutdown:

Immigration courts are part of the Department of Justice's Executive Office for Immigration Review (EOIR), which relies heavily on Congressional appropriations.

• Non-Detained Cases: If your case involves a non-detained individual, hearings and proceedings will likely be paused. Cases scheduled during a shutdown will be postponed, leading to delays in the immigration timeline.
• Detained Cases: Cases for detained individuals are considered high-priority and will proceed as scheduled, even during a shutdown.
• Filing Documents: Courts handling cases for non-detained individuals may accept filings but will not process or add them to case records until the shutdown ends. Courts handling exclusively non-detained cases may close entirely, halting all activity until normal operations resume.

U.S. Citizenship and Immigration Services (USCIS)

USCIS primarily operates on fees collected from applications and petitions. This allows it to continue most operations during a shutdown. However, there are exceptions.

Programs Dependent on Appropriations

E-Verify and the Special Immigrant Religious Worker Program rely on Congressional funding. Hence, it may be temporarily suspended during a shutdown.

Processing Delays

While USCIS’s core functions typically remain operational, ancillary programs or services reliant on appropriations may experience interruptions or slower processing times.

Department of State – Consular Activities

The Department of State manages passport services and visa processing at U.S. embassies and consulates worldwide. These activities are generally fee-funded but can still be affected during a shutdown.

• Visa Processing: Visa services should continue. However, some consular posts may face temporary service reductions if fees collected are insufficient to cover operating costs.
• Passport Services:S. passport applications and renewals should continue as long as sufficient funding from fees is available. On the other hand, staffing limitations may lead to localized delays.

Immigration & Customs Enforcement (ICE)

ICE is responsible for enforcing immigration laws and conducting removal operations. It continues its work during a government shutdown.

• Detained Cases: ICE attorneys prioritize cases involving detained individuals so that these proceedings continue without interruption.
• Enforcement Operations: Enforcement activities including arrests and detentions, remain fully operational.

Customs and Border Patrol (CBP)

CBP oversees U.S. border security and operations at ports of entry. As a core agency, it continues to function during a shutdown.

• Border Operations: Ports of entry remain open, and individuals can still enter the United States. CBP guarantees that inspections, security screenings, and border enforcement activities are not disrupted.
• Applications Filed at the Border: Certain applications submitted at the border, such as waivers, may sometimes face delays due to reduced staffing levels.

Preparing for Potential Delays

A government shutdown can create significant uncertainty for individuals handling the U.S. immigration system. While not every service is affected, understanding how your specific case might be impacted is key. Being proactive and prepared can help you minimize disruptions during this period.

Start by closely monitoring the status of your immigration case. Use online portals or contact the relevant agency to stay updated on any changes. This helps you be aware of any potential delays or rescheduling. If your case is in immigration court and you are not detained, be ready for the possibility of a postponed hearing. Such rescheduling can alter timelines, so staying flexible and informed is important.

Seeking legal assistance can also make a significant difference. Consulting an experienced immigration attorney can help you manage the challenges of a government shutdown. An attorney can provide guidance on handling delays, address time-sensitive issues, and help you take the right steps to protect your case.

Consider postponing non-urgent applications if services relevant to your filing are paused. Avoid submitting unnecessary applications during a shutdown to reduce the risk of delays or complications. Once normal operations resume, you can move forward with these filings more confidently.

Preparing for potential changes can help you better manage the challenges that a government shutdown might bring to your immigration case. Seeking professional support will also allow you to navigate these challenges more effectively.

How We Can Help

With over 25 years of combined experience, Ahmad & Associates specializes in providing legal guidance and support during uncertain times like these.

No matter if you’re waiting for a court hearing, dealing with delays in USCIS processing, or facing urgent immigration matters, we are here to help. Our team stays updated on government operations and is committed to assisting clients in adapting to disruptions caused by a shutdown.

We can help you file applications, prepare for rescheduled hearings, and address any concerns about your immigration status. Contact us for advice and personalized support if you're feeling overwhelmed. Together, we can work through the difficulties of the immigration process and guarantee you are well-prepared for any challenges a government shutdown may bring.