As of October 1, 2025, the federal government has officially shut down due to Congress’s failure to pass a budget. A government shutdown can significantly affect various immigration-related agencies, which may influence pending and future immigration matters. This post outlines what you need to know about how the shutdown impacts key immigration services.
Department of Homeland Security (DHS)
Most of the Department of Homeland Security’s (DHS) operations are classified as essential and will continue without interruption during the shutdown.
U.S. Citizenship and Immigration Services (USCIS)
USCIS will remain open because it is primarily funded by filing fees, not by Congress’s budget appropriations. However, programs that depend on congressional funding could be affected. A key example is E-Verify, which will be unavailable for employers to confirm employees’ work eligibility.
Department of State (DOS)
Visa and passport operations will continue as long as sufficient fees are available. However, if the shutdown is prolonged, DOS may limit services to diplomatic visas and life-or-death emergencies only.
Customs and Border Protection (CBP)
Ports of entry will remain open, and most CBP operations will continue. However, applications filed directly at the border may experience delays or other impacts.
Immigration and Customs Enforcement (ICE)
ICE enforcement and removal operations will continue during the shutdown. The Student and Exchange Visitor Program (SEVP) will also remain open and operational.
Executive Office for Immigration Review (EOIR)
Immigration courts will continue to hear cases for both detained and non-detained individuals. Hearings and decisions will proceed as scheduled.
Department of Labor (DOL)
The Department of Labor’s Office of Foreign Labor Certification (OFLC) will cease all operations during the shutdown. This means that the Foreign Labor Gateway (FLAG) system will be offline, and new cases cannot be filed or accessed. This could delay applications requiring prevailing wage determinations and labor certifications for employment-based immigration.
CIS Ombudsman
The DHS Office of the CIS Ombudsman will suspend all services during the government shutdown.
Congressional Constituent Services
Some congressional offices may be closed or operating on a limited basis during the shutdown. Constituents should contact individual offices directly to confirm availability.
Practical Guidance
This information is provided for general purposes and does not constitute legal advice. Every immigration case is unique, and the impact of the shutdown can vary depending on individual circumstances.
We are closely monitoring developments related to the government shutdown and its impact on immigration services. For personalized guidance on your case, please speak with one of our experienced U.S. immigration lawyers.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
