With every budget standoff in Congress, the possibility of a government shutdown looms, leaving many immigrants wondering: if the Department of Homeland Security (DHS) shuts down, will it delay their immigration applications? The short answer is: it depends on the agency within DHS and how it’s funded.
How a Government Shutdown Affects DHS
DHS includes several key immigration-related agencies, such as USCIS, CBP, ICE, and TSA. While a shutdown may affect some government departments, not all DHS agencies operate the same way. Many essential DHS functions continue, even during funding lapses.
Will USCIS Still Process Applications?
U.S. Citizenship and Immigration Services (USCIS) is primarily funded through the fees it collects from immigration applications, not congressional appropriations. This means most USCIS operations continue uninterrupted during a government shutdown.
Services that are usually not delayed include:
- Green card applications (Form I-485)
- Work permit renewals (Form I-765)
- Naturalization applications (Form N-400)
- Adjustment of status interviews
However, there may be limited delays in customer service or support functions if certain federal employees are furloughed.
What About CBP and Border Processing?
Customs and Border Protection (CBP) officers are considered “essential personnel,” which means they remain on duty during a shutdown. Ports of entry, border crossings, and airport inspections continue to operate.
However, CBP may experience staff shortages or processing slowdowns, which could affect:
- Visa holders entering the U.S.
- Global Entry and other trusted traveler program processing
- Deferred inspection appointments
ICE and Enforcement Operations
Immigration and Customs Enforcement (ICE) also maintains its enforcement and removal operations during a shutdown. Detention, deportation proceedings, and compliance checks typically continue as they are funded as essential services.
Are Immigration Courts Affected?
While not under DHS (they fall under the Department of Justice), immigration courts are partially affected. During a shutdown:
- Only detained docket cases are heard
- Non detained immigration court hearings are postponed
This can delay asylum hearings, removal proceedings, and other court based immigration matters significantly if the shutdown persists.
Visa Issuance and U.S. Embassies
Visa issuance at U.S. consulates abroad is handled by the Department of State, not DHS. Consulates may scale back operations depending on available funds and staff, which could impact visa appointment availability or issuance timelines.
What You Can Do During a Shutdown
Even during a shutdown, you can still:
- Submit USCIS applications and petitions
- Check case status online at https://egov.uscis.gov/
- Attend USCIS interviews unless otherwise notified
- Monitor official updates from the USCIS Newsroom
However, you should prepare for possible delays in support services or government communications, especially if you rely on responses from non fee funded departments.
Most Applications Are Safe, But Stay Informed
If DHS shuts down, most immigration applications submitted through USCIS are not delayed because USCIS is fee funded. But other parts of the immigration system, especially immigration courts and visa services abroad, may face disruptions. Stay up to date through official DHS channels and continue to track your application status.
Sources:
- U.S. Citizenship and Immigration Services
- U.S. Customs and Border Protection
- U.S. Immigration and Customs Enforcement
- Department of Homeland Security
- U.S. Department of State
Schedule a Consultation with an Immigration Lawyer
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If you have questions regarding H-1B Visas, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
