This Week’s Immigration News Highlights
What a Government Shutdown Means and Why It Matters for Immigration
Every few years, the words “government shutdown” make the headlines. But what does that actually mean, and how does it affect immigration? Let’s break it down.
A government shutdown happens when Congress fails to pass spending bills or a temporary measure to fund agencies, forcing many operations to pause. Essential services like border protection continue, but non-essential employees are furloughed and processing slows. For immigration, that means backlogs grow, court cases stall, and application timelines stretch even further.
Here’s how immigration is impacted:
USCIS (U.S. Citizenship and Immigration Services): Because USCIS is primarily fee-funded (through application fees), it continues most of its operations even during a shutdown. However, cases that require coordination with other federal agencies, for example, background checks with the FBI, can face slowdowns.
Immigration Courts (EOIR): Courts that handle detained cases remain open, since those are considered essential. But non-detained immigration court cases may be suspended, creating more backlogs in a system already overwhelmed by delays.
Department of Labor (DOL): This is where a shutdown hurts employment-based immigration. The DOL is key to processing Labor Condition Applications (LCAs) and PERM labor certifications. If the department goes dark, so do these applications. That means employers can’t move forward with H-1B hires or green card sponsorships.
Department of State (DOS): Consulates and embassies abroad remain open as long as they have fee funding. But prolonged shutdowns can drain resources, causing visa appointment delays.
E-Verify: This web system employers use to confirm work eligibility is funded by appropriations, not fees. During shutdowns, it often goes offline, leaving employers uncertain about compliance obligations.
For immigrants, shutdowns bring uncertainty - rescheduled interviews, stalled applications, and longer timelines - while attorneys must manage client expectations against forces beyond their control. Each funding lapse adds to backlogs, and once the government reopens, agencies face the uphill task of clearing weeks of stalled work. Immigration law isn’t just statutes and regulations; it’s also tied to budgets, politics, and Congress’s rhythms, leaving immigrants caught in the middle of every standoff.
Why Processing Delays Happen (Even Without a Shutdown)
Even when the government is fully funded, immigration applications can take months or years. Many causes are simply beyond the control of attorneys. Some of the most common:
Backlogs and Staffing Shortages: Agencies like USCIS and EOIR have more cases than officers and judges to handle them.
Security and Background Checks: Applications requiring inter-agency security vetting can get stuck for months.
Policy Shifts: When administrations change, new policies can require retraining or re-reviewing cases.
Technology Glitches: Outages in online systems like E-Verify, CEAC, or USCIS portals add unexpected delays.
External Factors: Pandemics, natural disasters, or global crises can halt visa processing abroad.
These delays don’t make lawyers less capable but they do highlight how much of the system depends on the pace of government itself.
In Closing!
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Until next time, enjoy the fall! 🍁
