Practice Alert: What Happens If the Government Shuts Down?
On November 12, 2025, Congress passed a Continuing Resolution to fund the government through January 30, 2026. Since that time, 6 of 12 FY 2026 funding bills have been enacted, including those funding the Justice Department and the Legislative Branch. However, funding for DHS, DOL, DOS, and other agencies is set to expire on January 30, 2026, unless the Senate passes the Consolidated Appropriations Bill passed by the House on January 22, 2026. In light of concerns about the recent violent DHS enforcement in Minnesota, Democrats have stated they will not vote for additional funding to DHS without oversight and accountability. This may lead to a partial government shutdown on January 31, 2026.
General Shutdown Information
Typically, when 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.
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 (EB-4) Program will sunset on January 30, 2026, unless a Continuing Resolution or appropriations package is signed into law before that date.
- USCIS previously confirmed that employers may continue to use the new alternate review process for remote I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown. It is expected that this will continue to be the case, as the agency has not said otherwise. During the 2025 government shutdown, E-Verify services resumed about a week after the shutdown began.
- 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.
DOL
DOL’s current plan for a lapse in appropriations is included on page 18 here: dol-contingency-plan.pdf. During a shutdown, OFLC will continue to process labor certifications and prevailing wage determinations, as they will be considered exempt. FLAG will remain operational and available to filers. OFLC will largely cease non-processing work. The Office of Administrative Law Judges will adjudicated denials of labor certification applications and prevailing wage determinations on an intermittent basis.
EOIR
Because DOJ has been funded for the remainder of FY2026, we do not anticipate that the shutdown will impact EOIR proceedings. Members should review EOIR’s Immigration Court Operational Status for the latest updates.
Congressional Constituent Services
The Legislative Branch has also been funded for the remainder of FY 2026, therefore there should not be an impact on congressional offices during a government shutdown.