Practice Alert: What Happens If the Government Shuts Down
Use this page to stay on top of potential government shutdown news as well as to know what might happen if the government does shut down.
On Saturday, December 21, 2024, President Biden signed a government funding bill that extended 2024 government funding through March 14, 2024.
Practice Alert
AILA provides an easy flyer for you to share with your clients to help them understand what happens to immigration-related agencies during a government shutdown. There are two versions available: a generic PDF version and a customizable Word version. Share widely.
General Shutdown Information
If the government agencies close for budgetary reasons, all but "essential" personnel are furloughed and are not allowed to work. The following is an overview of how the immigration-related agencies have operated during prior shutdown periods. In anticipation of an earlier 2024 potential government shutdown, DHS also updated its guidance outlining a contingency plan and what activities are considered essential (or exempt.)
USCIS
USCIS is a fee-funded agency so if the government shuts down, it is generally business as usual. The exception to this is programs that receive appropriated funds – E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, which are suspended or otherwise impacted.
- The EB-5 Immigrant Investor Regional Center Program should not be impacted by a shutdown as it was authorized through September 30, 2027.
- The Special Immigrant Religious Worker Program will sunset on December 20, 2024, unless a CR or appropriations package is signed into law before that date.
- USCIS has confirmed that employers may continue to use the new alternate document review process for remote Form I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown.
- In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.
DOS
Visa and passport operations are fee-funded and thus are not normally impacted by a lapse in appropriations. Consular operations can nevertheless be impacted if there are insufficient fees to support operations at a particular post. In such a case, posts will generally only handle diplomatic visas and "life or death" emergencies.
CBP
Inspection and law enforcement personnel are considered "essential." Ports of entry will be open, and processing of passengers will continue; however, processing of applications filed at the border may be impacted.
ICE
For local practice questions, members may want to check with their local chapters. Generally, ICE Enforcement and Removal Operations (ERO) can continue, and the Office of Principal Legal Advisor (OPLA) assistant chief counsels will focus on representing the government in the detained immigration court docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees. Members should also continue to be able to access their client in custody through regular means such as scheduling phone calls and visitation.
EOIR
Members should first review EOIR’s Immigration Court Operational Status for the latest updates. Generally, immigration court cases on the detained docket will proceed during a lapse in congressional appropriations while non-detained docket cases will be reset for a later date when funding resumes. Courts should issue an updated notice of hearing to respondents or representatives of record for reset hearings.
Members may want to check with their local chapters for court-specific instructions, including how they will process filings and uploading to ECAS. Attorneys should be able to upload to ECAS but the filing may not be accepted until funding is restored. While EOIR in the past has not issued any guidance about credible fear reviews or cases in the Family Expedited Removal Management (FERM) program, these cases are likely to be categorized as essential and will likely continue during a shutdown.
DOL
The OFLC would cease processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. OFLC's web-based FLAG system would be inaccessible, and BALCA dockets would be placed on hold.
To the extent that PERM filers with impending deadlines can file now, they should do so before 11:59 pm (ET) on December 20. Likewise, if an employer needs an LCA, they should file as soon as possible. and visitation. and visitation.
In prior guidance OFLC had indicated that filing within a week of the potential shutdown date may still offer sufficient time for processing an LCA. The Committee believes the same holds here, but there are no guarantees.
If there is a shutdown, OFLC is considering issuing guidance about flexibilities for employers with filing deadlines.
Finally, the Committee’s H-2 subcommittee encourages members to draft their Forms ETA-9142B well in advance of the January 1-3, 2025, filing deadline to avoid complications from a potential government shutdown.
CIS Ombudsman
The DHS Office of the CIS Ombudsman would close and would not accept any inquiries through its online case intake system.
Congressional Constituent Services
Some congressional offices may be closed during a government shutdown. Please contact your individual office for more information.
** Please note that if you are unable to receive individual case assistance through the CIS Ombudsman or your congressional office during the shutdown, please contact AILA Case Liaison Assistance.