What Happens to Immigration Cases During a Government Shutdown?
/When the federal government faces a shutdown, many immigrants and their families worry about what will happen to their pending immigration cases. Will applications stop being processed? Will interviews be canceled? Understanding what continues and what pauses during a shutdown can help reduce anxiety during an already stressful time.
Table of Contents
- What Is a Government Shutdown?
- USCIS Operations: Mostly Business as Usual
- Immigration Court: Reduced Operations
- Consular Processing: Limited Services
- ICE and Border Operations: Continue
- What Should You Do During a Shutdown?
- Quick Reference: What Continues vs. What Pauses
- Frequently Asked Questions
- How L.I.H. Law Can Help
What Is a Government Shutdown?
A government shutdown occurs when Congress fails to pass funding legislation to finance federal government operations. When this happens, many federal agencies must cease non-essential operations. However, the impact on immigration services varies significantly depending on how each agency is funded.
USCIS Operations: Mostly Business as Usual
The good news is that U.S. Citizenship and Immigration Services (USCIS) typically continues operating during a government shutdown. Why? Because USCIS is primarily funded through application fees, not congressional appropriations. This means:
- Application processing continues for most case types, including family-based petitions, adjustment of status applications, work permits, and naturalization applications
- Biometrics appointments proceed as scheduled
- Immigration interviews are generally held for adjustment of status, citizenship, and asylum cases
- Online case status systems remain accessible
However, some USCIS operations that rely on other agencies (like background checks from the FBI) may experience delays.
Immigration Court: All Hearings Proceeding
IMPORTANT UPDATE (October 1, 2025): The Executive Office for Immigration Review (EOIR) has deemed ALL immigration court hearings essential during this shutdown. According to AILA (American Immigration Lawyers Association), as of October 1, 2025, cases on EOIR's non-detained docket are proceeding as usual. This is a significant departure from previous shutdowns.
- ALL cases are proceeding – Both detained and non-detained immigration court hearings are continuing as scheduled
- Attend your hearing – All scheduled master calendar hearings and individual merits hearings should proceed as planned
- Court staff remain working – Immigration judges and essential court personnel are deemed essential and continuing operations
Consular Processing: Limited Services
The U.S. Department of State, which handles visa processing at consulates and embassies abroad, may reduce services during a shutdown:
- Immigrant visa interviews may be delayed or canceled, affecting family reunification and green card processing
- Visa application processing slows significantly, including K-1 fiancé visas and other family-based visas
- Emergency services usually continue for U.S. citizens abroad
ICE and Border Operations: Continue
Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) are considered essential agencies for national security. Their operations continue during shutdowns, including:
- Detention operations remain fully operational
- Enforcement activities and check-ins continue
- Border security functions proceed without interruption
What Should You Do During a Shutdown?
If a government shutdown occurs while your immigration case is pending, here's what we recommend:
- Attend all scheduled appointments – Unless you receive official notification of cancellation, assume your interview, biometrics appointment, or court hearing will proceed as planned
- Continue gathering required documents – Don't let a shutdown delay your preparation for asylum applications, green card interviews, or citizenship applications
- Monitor your case status – Check the USCIS website regularly for updates on your pending applications
- Stay in contact with your immigration attorney – Your Seattle immigration lawyer can help you navigate any disruptions and adjust strategy if needed
- Be patient with delays – Even if most operations continue, some processing times may be affected, particularly for cases requiring inter-agency coordination
- Keep copies of all communications – Save any notices you receive about rescheduled appointments or hearings
Quick Reference: What Continues vs. What Pauses
| Agency/Service | Status During Shutdown | What This Means for You |
|---|---|---|
| USCIS | ✅ Continues | Applications processed, interviews held, biometrics appointments proceed |
| Immigration Court (ALL Cases) | ✅ Continues | ALL hearings proceed - both detained and non-detained (new policy for 2025 shutdown) |
| ICE Operations | ✅ Continues | Check-ins, enforcement, and detention operations proceed |
| Consular Processing | ⚠️ Reduced | Visa interviews may be delayed or canceled |
| Border Operations | ✅ Continues | All border security functions proceed normally |
Frequently Asked Questions About Immigration and Government Shutdowns
Will my USCIS interview be canceled during a shutdown?
Most USCIS interviews continue during shutdowns because USCIS is fee-funded rather than dependent on congressional appropriations. Green card interviews, citizenship interviews, and asylum interviews typically proceed as scheduled. However, always check your case status online and attend unless you receive official cancellation notice.
What happens to detained immigration cases during a shutdown?
UPDATE: As of October 1, 2025, ALL immigration court cases (both detained and non-detained) are proceeding as usual. This is a departure from previous shutdowns. Immigration judges continue hearing all cases because the administration has deemed all court operations essential.
What happens to non-detained immigration court cases?
UPDATE: Unlike previous shutdowns, non-detained cases are proceeding as scheduled during the October 2025 shutdown. The Trump administration has designated all immigration court operations as essential. You must attend your scheduled hearing.
Can I still check my case status online during a government shutdown?
Yes, the USCIS case status system remains accessible during shutdowns. You can continue to check your case progress online, and most processing activities continue normally since USCIS operations are funded by application fees.
Will my green card or work permit application be delayed?
Most green card and work permit applications continue to be processed during shutdowns since USCIS remains operational. However, if your case requires background checks from other agencies like the FBI, there may be some delays in those specific components.
Should I still attend my ICE check-in during a shutdown?
Yes, absolutely. ICE operations continue during government shutdowns as they are considered essential for national security. Missing a scheduled check-in could have serious consequences for your case, regardless of whether there is a shutdown.
How L.I.H. Law Can Help
At L.I.H. Law, we stay informed about how government operations affect our clients' cases. During uncertain times like government shutdowns, having an experienced immigration attorney in Seattle becomes even more important. We monitor developments, communicate with government agencies on your behalf, and adjust our approach to minimize any impact on your case.
Whether you're in the middle of an asylum case, waiting for a green card interview, navigating DACA renewals, or going through the naturalization process, we're here to guide you through every step – shutdown or not.
Related Articles
- Cómo Verificar el Estatus de tu Caso de Inmigración – Learn how to check your immigration case status with USCIS and immigration court
- L.I.H. Law Featured on FOX 13 Seattle: Standing Up for Immigrant Rights – Attorney Lesley Irizarry-Hougan discusses ICE enforcement tactics and immigrant compliance
- Asylum – What Happens When You Have Fear of Returning to Your Home Country? – Understanding asylum eligibility and the application process
- 4 Consejos para Contratar a un Abogado de Inmigración – Important tips for hiring the right immigration attorney for your case
Contact L.I.H. Law
If you have questions about how a government shutdown may affect your immigration case, or if you need assistance with asylum, green cards, DACA, naturalization, or any other immigration matter, contact L.I.H. Law today. Our Spanish-speaking team is ready to help.
Phone: (206) 838-7628
Email: info@lihlaw.com
Office: 159 Denny Way, Suite 107, Seattle, WA 98109
Website: www.immigrationlawseattle.com