Federal Government Shutdown: What It Means for U.S. Immigration (Updated Oct 3, 2025)

A federal shutdown began on October 1, 2025. Historically, most shutdowns last days to a couple of weeks; the longest (2018–2019) ran 35 days and caused widespread disruptions. This time, several immigration functions continue—but others are paused. Below is what’s open, what’s on hold, and what you should do now.

Immigration courts (EOIR): Detained dockets continue; many non-detained hearings are proceeding as scheduled this week (unlike some prior shutdowns). Always confirm your specific case.

USCIS: Open and adjudicating (fee-funded). Expect normal filings and appointments to proceed.

E-Verify: Temporarily unavailable; DHS has suspended the three-day rule for affected hires.

Department of Labor (OFLC/FLAG): PERM, Prevailing Wage, LCA and related systems are paused during the lapse.

ICE/CBP: Essential operations (border, arrests, removals) continue.

Consulates (State Dept.): Many visa/passport services continue because they’re largely fee-funded, though localized delays are possible.

Immigration Courts (EOIR)

Detained docket: Continues as essential.

Non-detained docket: As of this week, many courts are keeping hearings on calendar. Do not assume cancellation; confirm your case via EOIR’s Automated Case Information (online or by phone).

How to check your hearing:

Online: EOIR Automated Case Information portal.

ACIS

Phone: 1-800-898-7180 (TDD 800-828-1120).

USCIS

Status: Open and adjudicating most cases (family, adjustment, naturalization, employment, humanitarian), because the agency is primarily fee-funded. Appointments and biometrics should proceed.

Downstream dependencies: Some filings rely on DOL (e.g., LCAs for H-1B, PERM/PWD). Expect knock-on delays where DOL steps are required.

What that means: New PERM/PWD/LCA filings wait until appropriations resume; expect backlogs thereafter.

ICE / CBP (DHS)

Essential operations continue: Border control, arrests, removals, and CBP revenue collection (tariffs) proceed under DHS’s shutdown plan.

Visa & passport services: Generally continue because the Bureau of Consular Affairs relies heavily on fee revenue; however, individual posts may reduce capacity or delay services depending on local staffing and conditions.

What To Do Now (Practical Steps)

If you have an immigration court hearing

Do not skip: Many non-detained hearings are going forward.

Check status: Use EOIR ACIS online or call 1-800-898-7180 the day before and the morning of your hearing.

Look for new notices: If your hearing is reset, the court will issue a new notice—follow the notice above all else.

If you have a USCIS appointment/interview: Plan to attend unless you receive an official cancellation or reschedule notice. USCIS is open and adjudicating.

If you’re an employer hiring now (I-9/E-Verify): Complete Form I-9 on time as usual.

Keep a log of anyone onboarded while E-Verify is down (name, hire date, case-creation date later).

Create E-Verify cases once service is restored; the three-day rule is suspended for affected hires.

If your case involves PERM/PWD/LCA: Build in buffer time; filings and processing resume only after funding is restored, and backlogs are likely.

FAQs

Are non-detained immigration court hearings really proceeding?

Yes—as of this week, many non-detained dockets are proceeding. Always verify your individual court and case status via EOIR systems or with counsel.

Is USCIS “closed” during a shutdown?

No. USCIS is fee-funded and continues adjudicating. Some cases may still be indirectly affected if they require DOL steps (e.g., LCAs, PERM).

What about E-Verify deadlines?

E-Verify is temporarily unavailable; DHS has suspended the three-day rule for the duration of the outage for affected hires. Create cases once the system is back online and document your steps.

Will consular visa interviews happen?

Many posts continue routine services because consular operations are largely funded by fees, but local conditions can cause delays or reduced capacity. Check your embassy/consulate’s page for local notices.

How long will this last?

There’s no fixed end date. Federal courts say they can sustain operations with fee funds through October 17, 2025, but longer shutdowns can force changes. Monitor official updates.

Book a consultation with I.S. Law Firm: law@islawfirm.com

Disclaimer: This post provides general information and is not legal advice. For advice about your specific situation, please contact I.S. Law Firm, PLLC.