Congress triggered a government shutdown on October 1, 2025, because it did not pass the 12 appropriations bills that fund government operations before the start of the new fiscal year, nor did it agree to a resolution to continue funding at current levels. During a shutdown, personnel funded by annual congressional appropriations are furloughed and not permitted to work. Exceptions are made for “essential” personnel. And the shutdown doesn’t apply to positions funder by user fees rather than annual appropriations.
Here is how the shutdown is impacting the work of immigration agencies:
U.S. Citizenship and Immigration Services (USCIS): During the last government shutdown in 2019, USCIS continued to operate as usual, including accepting and adjudicating immigration-related applications and petitions. Biometrics appointments and interviews continued to be scheduled. The reason USCIS personnel continued working is that their positions are funded by user fees. USCIS Director Joseph B. Edlow has stated on Twitter (X) that during the 2025 shutdown
USCIS will ensure available resources focus on reviewing cases with national security concerns, vetting immigration backlogs to ID threats, & referring all threats to @ICEgov. Unfortunately, this reprioritization may impact processing times. Public facing interactions such as interviews, naturalization ceremonies, and contact center responses may also be delayed.
This “reprioritization” appears to be a political choice, rather than dictated by the shutdown.
E-Verify: The Department of Homeland Security has announced that E-Verify will not be available for employers to verify employment eligibility during the shutdown.
Department of State (DOS): During the 2019 shutdown, the agency continued scheduled passport and visa services in the United States and at U.S. embassies and consulates overseas, which are user funded. Also, the National Visa Center, National Passport Information Center, and Kentucky Consular Center still accepted telephone calls and inquiries from the public. The 2025 shutdown will likely be similar. But there is a chance that applications filed during this period may experience delays if the shutdown is drawn out, because facilities and some personnel at embassies and consulates rely on government funding. So, it’s advisable to plan ahead and apply early.
Customs and Border Protection (CBP):
- CBP officials operating ports of entry are considered to be “essential.” Ports of entry will remain open, and inspection of noncitizens seeking to enter the U.S. will continue.
- Global Entry appointments for enrollment are likely to be cancelled.
- TSA PreCheck applications will likely be accepted.
- The Admissibility Review Office (ARO) is likely to close. As such, Forms I-192, Application for Advance Permission to Enter as a Nonimmigrant, will no longer being accepted at CBP ports of entry nationwide. And ARO adjudication of nonimmigrant visa waivers recommended by U.S. embassies and consulates will be delayed.
Immigration and Customs Enforcement (ICE): ICE enforcement and removal operations will continue. The ICE Student and Exchange Visitor Program (SEVP) offices will remain open because they are funded by user fees.
Executive Office for Immigration Review: A national emergency was declared by President Trump citing the threat to the national security and economy of the United States caused by illegal migration. EOIR’s primary mission is to adjudicate removal cases. Immigration court cases will continue during the shutdown, according to the Department of Justice. EOIR currently has a backlog approaching four million cases.
Tax Transcripts: During the 2019 shutdown, IRS stopped providing tax return transcripts. So far during the 2025 shutdown, IRS is still making tax return transcripts available online.
Security Checks: Adjudication of cases by USCIS and DOS rely on security checks completed by other federal agencies, such as the CIA and Department of Defense. Security checks may be delayed by the shutdown.
Our law firm will be monitoring the effects of a government shutdown and will send updates as we receive more news.
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