Government Shutdown – Impact on Immigration

On October 1, 2025, the U.S. Federal Government shut down, due to Congress’ failure to agree on a budget for government operations.

With a government shutdown, on certain government employees and agencies continue working. Below is a breakdown of how a government shutdown impacts federal agencies involved with immigration:

Department of Homeland Security (DHS)

Most of DHS’ work is considered “essential,” and DHS remains open.

U.S. Citizenship & Immigration Services (USCIS)

Because USCIS is a “fee-based agency,” and does not rely on Congress for funding, USCIS will remain open.

Department of State (DOS)

Visa and passport operations will remain open, however, depending on how long the shutdown lasts, work might become limited to diplomatic visas and life-or-death emergencies.

Customs and Border Protection (CBP)

Ports of entry will remain open, however, applications that are filed at the border may be impacted.

Immigration & Customs Enforcement (ICE)

ICE enforcement and removal operations will continue. ICE attorneys will typically focus on the cases of detained individuals. The ICE Student and Exchange Visitor Program (SEVP) offices will remain open.

Executive Office of Immigration Review (EOIR) – U.S. Immigration Courts

Immigration court cases for detained individuals (the “detained docket”) will continue during a government shutdown. In the past, non-detained immigration dockets have stopped operations during a government shutdown. However, the American Immigration Lawyers Association (AILA) has confirmed that, at least for the near term, non-detained immigration court cases will continue to proceed during this government shutdown.

Department of Labor (DOL)

DOL’s Office of Foreign Labor Certification (OFLC) will stop all operations during a government shutdown.

Congressional Constituent Services

Some congressional offices may be closed during a government shutdown. Please contact the individual office for more information.

Thanks to the American Immigration Lawyers Association (AILA) for the overview above. Please contact Kolko & Casey, P.C. with any questions regarding the government shutdown and how it may impact your specific immigration matter.