As of this writing, we are just days away from another potential federal government shutdown. If you’re worried about how this could impact your immigration case, you’re not alone. The good news? Some processes will continue as usual. The bad news? Others could face delays or disruptions.
This post updates our previous advice on government shutdowns with the latest developments and what they mean for the immigration system. Here’s what to expect when you’re expecting a government shutdown—2024 edition!
What Is a Government Shutdown?
Every year, Congress must pass a budget to fund the government. If they fail to agree on a budget (or an extension), many government activities must stop because there’s no legal way to pay for them. This halt in activity is what we call a government shutdown.
However, not all government functions grind to a halt. “Essential” workers (e.g., public safety, national security) still report for duty, while “non-essential” workers are furloughed. This distinction will impact whether your immigration case moves forward or gets delayed.
What Does This Mean for My Immigration Case?
Here’s a breakdown of how various immigration-related agencies are affected:
USCIS
The U.S. Citizenship and Immigration Services (USCIS) is largely fee-funded, which means most of its operations will continue as normal during a shutdown. However, certain programs that rely on appropriated funds will be impacted, including:
- E-Verify: This system will be unavailable, but employers can use alternate verification methods for Form I-9 during the outage.
- Special Immigrant Religious Worker Program: This program may sunset on December 20, 2024, unless Congress acts to extend it.
- Conrad 30 J-1 Program for Doctors: Likely suspended during a shutdown.
If your case involves any of these programs, you may experience delays. Also, in the past, USCIS accepted late I-129 filings after the shutdown ended, provided the petitioners showed the delay was due to the shutdown.
Department of Labor (DOL)
The DOL is not fee-funded, so most operations will cease during a shutdown. This includes processing Labor Condition Applications (LCAs) and PERM Labor Certifications. Additionally:
- The FLAG system will be inaccessible, meaning you can’t file or retrieve applications during the shutdown.
- If you’re up against a filing deadline, you should submit your application well before 11:59 pm (ET) on December 20 to avoid complications.
The DOL is considering issuing guidance to help employers with filing deadlines if the shutdown occurs, but nothing is guaranteed.
Visa and Passport Services (Department of State)
Visa and passport operations are fee-funded and should generally continue. However, if a specific consulate or post runs out of operational funds, they may limit services to diplomatic visas and “life or death” emergencies only.
Customs and Border Protection (CBP)
CBP officers are considered essential personnel, so ports of entry will remain open, and passenger processing will continue. However, immigration filings submitted at the border may face delays.
Immigration and Customs Enforcement (ICE)
ICE’s enforcement and removal operations will continue but focus primarily on detained cases. The Student and Exchange Visitor Program (SEVP), which is fee-funded, will not be impacted.
Immigration Courts (EOIR)
Immigration courts will continue to handle detained docket cases but will postpone non-detained docket cases until after the shutdown. Please visit your court’s website to check on the updates. You should receive a new hearing date once operations resume.
While some cases in the Family Expedited Removal Management (FERM) program and credible fear reviews are likely to continue, other court activities may vary depending on the location.
CIS Ombudsman and Congressional Offices
The DHS Office of the CIS Ombudsman will close during a shutdown, so they won’t accept new inquiries. Some congressional offices may also close, so check with your representative’s office if you need assistance.
What’s New in 2024?
Compared to last year, here are a few updates to keep in mind:
- Legislative Updates: Congress is currently negotiating a continuing resolution to extend funding through March 14, 2025. If passed, this could prevent the shutdown altogether.
- Additional Guidance: DHS has updated its contingency plans, and USCIS has clarified that employers can continue using alternate methods for Form I-9 verification during E-Verify outages.
- Proactive Filing: If you need an LCA or PERM certification, file immediately. Past guidance suggests filing within a week of the potential shutdown may still offer sufficient time for processing—but there are no guarantees.
What Can You Do?
Every immigration case is unique, and a shutdown may affect you differently depending on where your case is in the process. The best way to prepare is to act now:
- File time-sensitive applications as soon as possible.
- Contact your legal representative to discuss how a potential shutdown might impact your case.
- If you’re unsure about how to proceed, schedule a consultation with McEntee Law Group for tailored advice.
A government shutdown can be stressful, but with the right preparation, you can minimize its impact on your immigration plans. Stay informed, act quickly, and reach out to us with any questions!
