The federal government officially shut down on October 1, 2025, due to a lapse in congressional funding. Understandably, this has raised questions for many individuals and families about how the shutdown might affect immigration cases.
The most important takeaway right now:
Immigration court cases on the non-detained docket are continuing without interruption.
This is a significant departure from past shutdowns, where non-detained cases were often postponed. If you have a hearing scheduled on the non-detained docket, you should plan to attend as scheduled unless you receive a new notice of hearing from the court.
What We Know So Far
Below is a summary of how key immigration-related agencies are operating during this shutdown, based on guidance from the American Immigration Lawyers Association (AILA):
Executive Office for Immigration Review (EOIR)
- Non-detained docket: Hearings are moving forward as planned.
- Detained docket: Continues as usual, as in past shutdowns.
- If the court later decides to reschedule a non-detained case, respondents or their attorneys of record will receive a new notice of hearing.
U.S. Citizenship and Immigration Services (USCIS)
- Most services continue since USCIS is primarily fee-funded.
- Some programs that rely on federal appropriations—like E-Verify—may be temporarily impacted, but routine applications and petitions are still being processed.
U.S. Department of State (DOS)
- Visa and passport services typically continue since they are funded by fees, though individual consular posts could experience delays if funding at that location runs low.
U.S. Customs and Border Protection (CBP)
- Ports of entry remain open, and inspection of travelers continues.
U.S. Immigration and Customs Enforcement (ICE)
- Enforcement operations continue, with attorneys focusing on detained docket cases.
U.S. Department of Labor (DOL)
- Certain labor-related processes, like PERM and LCA certifications, may pause until funding is restored.
Key Takeaways
Some employment-based immigration filings, particularly those requiring Department of Labor certification, could experience temporary delays.
If you have a court date for a non-detained case, assume it is still happening unless you receive official notice otherwise. Failure to appear in court could result in you being ordered removed in-absentia
For questions about individual circumstances, it is best to consult with a qualified immigration attorney.
This post is based on information provided by the American Immigration Lawyers Association (AILA) as of October 1, 2025. Updates will be provided as more information becomes available.