The U.S. Immigration and Customs Enforcement (ICE) has clarified that the federal government shutdown does not alter immigration laws or border enforcement measures. In an official statement on its X account, the agency dismissed rumors suggesting an open border policy for undocumented migrants as false. "There are no changes to immigration laws or border enforcement," ICE stated. "Security and enforcement operations remain strict, and unauthorized border crossings continue to be illegal," it emphasized.
However, reports from CNN reveal that the shutdown is causing partial disruptions in some immigration processes and immigration courts, due to the halt in operations at federal agencies directly dependent on Congress-approved funding. According to the network, most immigration services, such as passport issuance, visas, and consular assistance, remain operational since the Department of State's services are funded through applicant fees.
A spokesperson explained to the media that U.S. embassies and consulates, both domestically and internationally, will continue to function "as long as conditions allow." Nevertheless, some services have already been affected. The E-Verify platform, used by businesses to verify employee work eligibility, has been temporarily suspended, potentially delaying new hires. Additionally, labor certifications issued by the Department of Labor, critical for H-1B and E-3 work visas, have been interrupted, confirmed by attorney Olga Ayo from Citizen Concierge.
The judicial system faces uneven impacts. CNN found that several immigration courts in New York, Atlanta, and Virginia have halted hearings for non-detained individuals, while others continue them partially. For instance, the Atlanta immigration court reported that only hearings for detained immigrants would proceed.
The American Immigration Council warns that if the shutdown persists, tens of thousands of immigration cases might be rescheduled, exacerbating the existing backlog, which already exceeds 3.4 million pending cases. During the 2019 shutdown, about 80,000 hearings were suspended, and experts anticipate greater impacts this time.
Despite the possibility of the shutdown extending for several days, ICE reiterated that immigration law enforcement and border security remain unchanged, while self-funded services continue to operate normally. The recent federal government shutdown in the United States is visibly affecting several essential services, including the nation's immigration machinery.
Although most immigration processes continue due to their autonomous funding, platforms like E-Verify and the Department of Labor services related to work visas have been halted, pausing new hires and key processes for foreign workers. The shutdown has also started impacting areas like air traffic and airport security, which could further complicate the operation of consulates and border services.
In parallel, several immigration courts have canceled hearings for non-detained individuals, worsening the already chronic delays in the U.S. immigration system. Politically, Donald Trump has defended the shutdown as a necessary measure to curb what he calls "unjustified spending" on programs he believes benefit foreigners or inefficient governments. This rhetoric supports his hard stance on immigration, while the country faces a scenario of partial paralysis with direct consequences on access to basic rights and services for migrants in process.
Frequently Asked Questions about the U.S. Government Shutdown and Immigration
How does the government shutdown affect immigration court hearings?
The shutdown has led to the suspension of hearings for non-detained individuals in several immigration courts, potentially increasing the backlog of pending cases.
Are all immigration services affected by the government shutdown?
Not all services are impacted. Most immigration processes like passport issuance and visas continue due to their self-funded nature. However, services such as E-Verify and certain labor certifications are suspended.
What is the impact on work visas during the shutdown?
The suspension of labor certifications by the Department of Labor affects the processing of work visas like H-1B and E-3, delaying the hiring of foreign workers.