Impending Government Shutdown: What Happens Next

By: Gladys Gervacio

Introduction

If Congress fails to pass an appropriations bill or a stopgap spending measure before 12:01 a.m. ET on December 21, certain immigration functions will be suspended due to a federal government shutdown.

What Happens During a Government Shutdown

When government agencies close for budgetary reasons, all personnel deemed "non-essential" are furloughed. Below is a summary of how immigration-related agencies operate during a shutdown:

U.S.  Citizenship and Immigration Services (USCIS)

USCIS is primarily funded through fees, so it generally continues to operate during a shutdown. However, certain programs that rely on appropriated funds may be suspended or affected such as E-Verify and the Conrad 30 Program.

In past shutdowns, USCIS has accepted late I-129 filings if petitioners can demonstrate that the primary reason for the delay was the government shutdown.

Customs and Border Protection (CBP)

Inspection and law enforcement personnel at CBP are deemed "essential."  Ports of entry will remain open, and passenger processing will continue. However, applications filed at the border may experience delays.

Immigration and Customs Enforcement (ICE)

ICE enforcement and removal operations will proceed as usual. The ICE Student and Exchange Visitor Program (SEVP) will continue operations, as it is fee-funded.

Department of State (DOS)

Visa and passport operations are primarily fee-funded, so they remain operational. However, consular operations could be limited if fee revenues are insufficient at a particular location. In such cases, services would prioritize diplomatic visas and "life-or-death" emergencies.

Department of Labor (DOL)

In the event of a shutdown, the DOL’s Office of Foreign Labor Certification (OFLC) will cease processing applications such as Labor Condition Applications, PERMS and prevailing wage requests. Its personnel will be unavailable to respond to inquiries. Web-based systems such as FLAG will be inaccessible, and BALCA dockets will be paused.

Conclusion

For more detailed information on how specific agencies and programs will be affected by a potential government shutdown, please reach out to your trusted immigration professionals at Chugh, LLP.