Today, October 1, 2025, the federal government officially shut down after Congress failed to agree on a spending bill. For millions of Americans, the term “government shutdown” has become all too familiar. But for immigrants, their families, and the communities that depend on immigration services, this shutdown carries a unique set of consequences. What happens to immigration courts? What happens if you have a scheduled hearing or an immigration application pending? And what can you do to protect yourself and your family during this period of uncertainty?
At The Law Offices of James A. Welcome, we believe in giving our community direct, honest answers. Below, we break down what this shutdown means, how it impacts immigration, and the steps you can take to protect your rights.
What Does a Government Shutdown Mean in General?
When Congress cannot pass a spending bill, the government “shuts down” because agencies lose funding. Federal workers are furloughed, some departments operate with only essential staff, and non-critical services grind to a halt. While military operations and certain safety-related functions continue, many civil services stop immediately.
Immigration touches nearly every corner of government, from the Department of Homeland Security (DHS) to the Department of Justice (DOJ) and the Department of State. Because of this, a shutdown ripples through the immigration system in ways that directly affect pending cases, scheduled court hearings, and future filings.
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Why Did the Government Shut Down on October 1, 2025?
This shutdown did not happen overnight. It is the direct result of political gridlock between Republicans and Democrats in Congress over how to fund the government moving forward.
Republicans currently hold control of both chambers of Congress, but in the Senate they do not have the 60 votes required to pass a long-term spending bill. This gives Democrats leverage to push for their priorities, and the result has been a standoff that neither side has been willing to resolve before the deadline.
At the heart of the disagreement is healthcare spending. Democrats argue that the Republican proposal would make it harder for Americans to afford health insurance. They are demanding an extension of tax credits that help millions of families purchase coverage and calling for the restoration of cuts to Medicaid and other public health programs made under President Trump. Republicans, on the other hand, have refused to meet these demands, insisting on their version of the spending bill.
Because neither side was willing to compromise by October 1, no agreement was reached, and the government lost its funding. This is why agencies, including those tied to immigration services and courts, are now facing partial closures and interruptions in daily operations.
Do Immigration Courts Close During a Government Shutdown?
One of the biggest questions people ask is: Will my immigration court hearing still happen during the shutdown?
The short answer is that it depends on whether your case is detained or non-detained.
- Detained cases: If you are in detention, your immigration court hearings generally continue. Courts prioritize detained cases because people are in custody and legally entitled to a more expedited process. Judges, clerks, and interpreters working on these cases are usually considered “essential” employees.
- Non-detained cases: If you are not in detention and you had a hearing scheduled, it could be delayed if the shutdown continues.
For families who have been waiting months or years for a court date, a shutdown only increases the delay. Each canceled hearing must be rescheduled, often pushing cases back.
How Does the Shutdown Affect USCIS Applications?
United States Citizenship and Immigration Services (USCIS) operates largely on application fees, not taxpayer dollars. This means USCIS remains open during a shutdown. If you filed for a green card, naturalization, or other benefits, your application will still be processed. Biometrics appointments and interviews are usually not canceled.
However, there are still delays. Some services, such as those requiring cooperation with other government agencies or court systems, may slow down. For example, background checks handled by the FBI could face processing delays, and if you are awaiting information from another agency to support your application, that part may pause.
Are Visa Applications and Consular Services Affected?
If you are outside the United States and applying for a visa, the Department of State handles your case. During a shutdown, consulates and embassies continue processing visas as long as they have the funding to do so from application fees. But if the shutdown drags on, operations may scale back significantly.
This could mean canceled appointments, slower processing times, and long wait periods for those trying to reunite with family or begin employment in the United States.
What About Immigration Enforcement During a Shutdown?
Many immigrants wonder: Does ICE stop working during a government shutdown?
The answer is no. Immigration and Customs Enforcement (ICE) continues to operate. ICE officers are considered essential personnel, and enforcement operations such as arrests, detentions, and removals continue as usual. Customs and Border Protection (CBP) also remains fully operational.
This means that while courts may slow down, enforcement does not. In fact, for many immigrants, this combination creates more uncertainty. People may still be placed in proceedings or detained, but their hearings could be delayed for months.
Does a Government Shutdown Increase the Immigration Backlog?
The immigration court system already faces historic backlogs, with millions of cases pending. Each day of shutdown creates thousands of additional delays. Hearings are postponed, rescheduling notices are mailed out, and attorneys and clients must adjust to new timelines.
For families hoping for closure or stability, this can feel devastating. Imagine preparing for a court date, gathering evidence, practicing testimony, and waiting months, only to have your hearing canceled at the last minute due to lack of government funding.
What Should You Do If You Have a Scheduled Immigration Hearing During the Shutdown?
If your case is non-detained and your hearing falls during the shutdown, it will likely be canceled. You should receive notice of rescheduling once the government reopens. But do not assume that missing court is safe just because of the shutdown. Always double-check the status of your case.
Steps you should take include:
- Contact your attorney immediately to confirm whether your hearing is still on.
- Call the immigration court hotline at 1-800-898-7180 to check your case status.
- Keep your address updated with the court so that you receive new notices.
- Save all correspondence in a safe place for your records.
If you are a client of The Law Offices of James A. Welcome, we will help you confirm your hearing date and guide you through the rescheduling process.
What Happens to Immigration Appeals During a Shutdown?
Appeals filed with the Board of Immigration Appeals (BIA) may also be delayed. If deadlines are set during the shutdown, the BIA usually provides updated filing guidance once funding is restored. Still, it is important to consult with an immigration attorney to make sure your deadlines are not missed.
How Does a Shutdown Affect Immigration Deadlines?
Many immigrants worry that a government shutdown will extend filing deadlines or pause legal requirements. Unfortunately, the law does not change because the government shuts down. Filing deadlines for asylum applications, appeals, and other matters remain in place.
That means if your deadline falls during the shutdown, you must still submit your paperwork on time. Late filings can result in denial, dismissal, or even removal.
What Can Families Do to Prepare During a Shutdown?
During a government shutdown, preparation is critical. Ask yourself:
- Do I know the exact status of my immigration case right now?
- Do I have copies of all my filings and notices?
- Is my attorney in contact with me about possible changes to my schedule?
- Do I understand the risks of delays and how they may affect my family?
Being proactive ensures that when the government reopens, you are not left scrambling to catch up.
Does a Shutdown Affect Immigration Lawyers?
Immigration attorneys play a vital role during a shutdown. We help clients track case statuses, confirm hearing cancellations, and prepare filings despite uncertainty. While the government may stop answering phones or sending notices, attorneys continue advocating for their clients.
At The Law Offices of James A. Welcome, we see shutdowns not as a reason to pause, but as a reason to prepare even more. When the government reopens, we want our clients to be ahead of the curve, ready to move forward.
How Long Could This Shutdown Last?
Shutdowns can last days, weeks, or even months depending on congressional negotiations. The longer the shutdown, the greater the impact on immigration courts and backlogs. While no one can predict the exact duration, it is important to act as though the shutdown could last for an extended period.
Why Is It Important to Have an Immigration Attorney During a Shutdown?
A government shutdown adds layers of confusion to an already complicated system. Without an attorney, it is easy to miss deadlines, misunderstand notices, or lose track of case status. An experienced immigration attorney can help you:
- Monitor your case during the shutdown
- Advise on deadlines and filings
- Communicate with courts and USCIS on your behalf
- Protect you from mistakes that could harm your case
When the government is unstable, your case needs stability. That stability comes from professional legal representation.
Call The Law Offices of James A. Welcome Today
If you or a loved one has a hearing scheduled, an application pending, or an appeal in progress, do not wait for confusion to cost you your future.
At The Law Offices of James A. Welcome, we have fought for immigrants and their families for over two decades. We serve clients across Connecticut with offices in Waterbury, New Haven, Danbury, Norwalk, Hartford, and Bridgeport. We offer services in English, Spanish, and Portuguese, and we are here to answer your questions directly.
Call us today at (203) 753-7300 or visit www.welcomelawfirm.com to schedule a consultation.
