When Congress fails to pass funding legislation or a continuing resolution, many federal agencies must curb or halt operations. In the immigration context, the consequences can ripple through USCIS, EOIR (immigration courts), the State Department (consular and visa operations), and enforcement/detention functions. Some services will continue; others may slow, pause, or be suspended altogether.

Below is a breakdown of how a shutdown can impact immigration work at the various agencies.

  1. USCIS: Mostly Resilient—but with Key Exceptions

Why USCIS is relatively insulated

  • USCIS is primarily fee-funded, meaning it does not rely on congressional appropriations for most of its day-to-day operations. Because of that, a shutdown does not typically stop most USCIS adjudications.
  • In prior shutdowns, USCIS has continued to accept and adjudicate applications like adjustment of status, naturalization, I-130s/visa petitions, EAD renewals, etc.
  • However, services or programs that do depend on appropriations may be suspended or curtailed. These include E-Verify, the EB-5 regional center program, Conrad 30 (J-1 physician) processing, and some non-minister religious worker adjudications.

What may slow or pause

  • While adjudications may continue, staffing constraints or resource reallocation could slow processing times.
  • Customer service lines, public inquiries, and case help desks may see delays or limited hours.
  • Some internal supports or back-office functions might slow, especially if they depend on appropriated funding.
  • Employers relying on E-Verify should expect that the system will be unavailable during the shutdown.
    • In past shutdowns, USCIS has allowed an alternate remote I-9 document verification process in the absence of E-Verify.
  • For petitions that require Department of Labor (DOL) support (PERM, LCAs, prevailing wage determinations), those are particularly vulnerable (see below).
  1. EOIR / Immigration Courts

Immigration courts are heavily dependent on congressional appropriations. A shutdown can more directly affect their operations.

What tends to continue

  • Courts have historically held that hearings for detained individuals are “essential” and therefore continue such hearings if resources permit.
  • As of the date of this post (10/10/2025), hearings for non-detained individuals have also been deemed essential and are proceeding.

What is at risk / what may be delayed

  • Non-detained immigration court dockets may be delayed, and hearings postponed to reallocate resources to detained individuals. In prior shutdowns, it was common to postpone or reschedule non-detained cases. However, as of today’s date, the non-detained dockets are not being postponed.
  • Court clerical functions, scheduling, notices, and administrative support may slow or be suspended.
  • If the shutdown is prolonged, budget pressures may force deeper cuts or even temporary suspension of more court operations.
  • The unpredictability can complicate planning: clients may receive less advance notice, face rescheduling, or see longer waits for scheduling of master hearings, individual hearings, or motions.

As with all federal functions, what continues and what does not may vary by court location, local staffing, or emergency determinations.

  1. Enforcement, ICE, Detention, CBP

Because enforcement and border/security functions are considered “essential,” many of these operations continue during a shutdown, albeit under strain.

  • ICE and DHS components will generally maintain detention operations, removals, and enforcement activities.
  • However, oversight functions may suffer. For example, the Office of Detention Oversight (ODE/ODO), which inspects detention conditions, may be furloughed, meaning fewer inspections and less accountability during the shutdown.
  • Some administrative support or non-mission critical units within DHS or ICE may see slowdowns or furloughs.
  • Border processing (CBP) generally continues; ports of entry will remain open.

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  1. Department of State / Consular Visa Operations

The State Department and its consular posts abroad are funded largely through fees (visa, passport fees), so many services may continue. But there are caveats:

  • Visa interviews, processing, and appointments abroad may experience delays, rescheduling, or reduced capacity if an individual post does not have enough fee revenue to fully sustain operations in a shutdown.
  • Some posts may limit operations to emergency or diplomatic visas only.
  • Passport services in certain jurisdictions may be impacted if staff rely on appropriated funds.
  • Delays in visa issuances can impact consular processing steps for family-based or employment cases, travel plans, or reentry.
  • Applicants should monitor the website of the specific consulate or embassy handling their case for updates or announcements.

Conclusion

At The Logan Firm, we will continue to monitor all updates from USCIS, EOIR, the Department of State, and the Department of Labor. Our team will stay in close contact with clients whose cases could be affected and will notify you promptly if there are any changes to your hearing date, interview, or filing schedule.

If your case experiences a delay due to the shutdown, we will document those impacts and take all necessary steps to preserve your case status and deadlines. We will also be available by phone and email to answer questions, provide updates, and discuss next steps as the situation evolves.

We know how stressful uncertainty can be—especially in immigration matters—and we remain committed to ensuring that every client receives clear communication and diligent representation throughout this period.