How will a government shutdown impact immigration agencies?

With the deadline fast approaching, failure to resolve the budgetary deadlock in the House of Representatives could lead to a government shutdown starting Saturday, April 9th at midnight. Under the government’s official guidance, in the event of a shutdown, all but “essential” government functions are furloughed and not allowed to operate. Although details are currently not being made public, all government agencies are preparing contingency plans to determine which functions would continue and who would keep working.

If a shutdown occurs, how will immigration agencies be affected?

In a recent posting, the American Immigration Lawyers Association (AILA) reported the following:

USCIS: In response to similar threats in the past, USCIS officials stated that other than the E-Verify program, the agency would not need to shut down as it is funded by fees. However, at least one local office has indicated that it is working on its shutdown plan. As such, the suspensions of the agencies functions are not clear at this time.

DOS: If there is a shutdown, it is likely that the only visa issuance being done by DOS will be for diplomats and for “life or death” situations.

CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.

EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.

DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. At this time, it is unknown whether iCERT/PERM would continue to function. However, because the systems require funding to run, it is reasonable to assume that they will not be available.

We will be providing updates as more information becomes available.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez, LLP.

Email: sdm@montypartners.com Telephone: 281-493-5529 Website: http://www.montyramirezlaw.com