What to Expect When You’re Expecting a Government Shutdown: 2025 Update

As of this writing, we are just one day away from another potential federal government shutdown. If you’re wondering how this could impact your immigration case, you’re not alone.

We’ve written about government shutdowns in the past, but each year brings new developments and potential implications. Here's what to know about the potential 2025 shutdown.  

What Is a Government Shutdown?  

Every year, Congress must pass a budget to fund the government. If they can’t agree on a budget (or a temporary extension), many government activities must stop because there’s no way to pay for them. This is a government shutdown.

Not everything shuts down. “Essential” workers, like those in public safety or national security, continue to work. “Non-essential” workers are furloughed. This difference is important when considering whether your immigration case moves forward or gets delayed.

What Does This Mean for My Immigration Case?  

Here’s a breakdown of how various immigration-related agencies are affected:

USCIS

The U.S. Citizenship and Immigration Services (USCIS) is largely fee-funded, which means most of its operations will continue as normal during a shutdown. However, certain programs that rely on appropriated funds will be impacted, including:

• E-Verify: This system will be unavailable, but employers can use alternate verification methods for Form I-9 during the outage.  

• Special Immigrant Religious Worker Program: This program is scheduled to sunset on September 30, 2025, unless Congress acts to extend it.  

• Conrad 30 J-1 Program for Doctors: Likely suspended during a shutdown.  

If your case involves any of these programs, you may experience delays. Also, in the past, USCIS accepted late I-129 filings after the shutdown ended, provided the petitioners showed the delay was due to the shutdown.

Department of Labor (DOL)

The DOL is not fee-funded, so most operations will cease during a shutdown. This includes processing Labor Condition Applications (LCAs) and PERM Labor Certifications.  

The FLAG system will also be inaccessible, meaning you can’t file or retrieve applications during the shutdown.  

Visa and Passport Services (Department of State)

Visa and passport operations are fee-funded and should continue. However, if the government shutdown drags on, specific consulates may limit services to diplomatic visas and emergency services. and emergencies.

Customs and Border Protection (CBP)

CBP officers are considered essential, so ports of entry will remain open, and passenger processing will continue. However, immigration filings submitted at the border may face delays.

Immigration and Customs Enforcement (ICE)

ICE’s enforcement and removal operations will continue but focus primarily on detained cases. The Student and Exchange Visitor Program (SEVP), which is fee-funded, will not be impacted.

Immigration Courts (EOIR)

Immigration courts will continue to handle detained docket cases but will postpone non-detained docket cases until after the shutdown. Please visit your court’s website to check on the updates. You should receive a new hearing date once operations resume.

While some cases in the Family Expedited Removal Management (FERM) program and credible fear reviews are likely to continue, other court activities may vary depending on the location.

Congressional Offices

Some congressional offices may also close, so check with your representative’s office if you need assistance.

What Can I Do?  

Every immigration case is unique, and a shutdown’s impacts may depend on where you are in the process. Ask your legal team about how a potential shutdown might affect your case.  

A government shutdown can be stressful but staying prepared and informed helps. Reach out to us with any questions!

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