Congress once again faces another funding deadline. Lawmakers must pass a stopgap government funding bill before December 20 to avoid a shutdown. If Congress doesn’t extend the deadline, most federal operations would shut down at 12:01 a.m. Saturday. Read on for the specific immigration impacts.
Late Tuesday, House Speaker Mike Johnson put forward a bipartisan bill; however, on Wednesday, it was broadly condemned by President-Elect Donald Trump, Elon Musk, and members of the House GOP for the compromises on Democratic policy priorities.
What they’re saying:
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Of the bipartisan bill, Speaker Johnson said, “By doing this, we are clearing the decks, and we are setting up for Trump to come roaring back with the America First agenda. That’s where we’re going to run with gusto beginning January 3 when we start the new Congress, when Republicans again are in control,” on Wednesday morning.
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President-Elect Trump and Vice President-Elect JD Vance issued a statement posted to X, “Republicans want to support our farmers, pay for disaster relief, and set our country up for success in 2025. The only way to do that is with a temporary funding bill WITHOUT DEMOCRAT GIVEAWAYS combined with an increase in the debt ceiling. Anything else is a betrayal of our country. Republicans must GET SMART and TOUGH.”
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Elon Musk, the co-leader of DOGE, the unofficial “Department of Government Efficiency,” posted to X, “Your elected representatives have heard you and now the terrible bill is dead. The voice of the people has triumphed!”
What’s next:
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Near-term: Speaker Johnson will have to present a new plan to prevent a holiday shutdown. It is expected that for any bill to be successful, it will need significant support from both parties and the President-Elect.
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Longer-term: The dissension around the Speaker’s proposed funding bill may cost him support for his leadership as Speaker in the new Congress.
Go deeper: AILA’s Practice Alert: What Happens If the Government Shuts Down
What it Means for Immigration
A shutdown would only marginally impact pending immigration processing. However, substantial disruptions are expected for the filing of immigration cases that rely upon certain government agencies that are responsible for immigration-related functions.
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USCIS is a fee-funded agency so if the government shuts down, it is generally business as usual. The exception to this is programs that receive appropriated funds – E-Verify, the EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers, which are suspended or otherwise impacted.
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The EB-5 Immigrant Investor Regional Center Program should not be impacted by a shutdown as it was authorized through September 30, 2027.
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The Special Immigrant Religious Worker Program will sunset on December 20, 2024, unless a CR or appropriations package is signed into law before that date.
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USCIS has confirmed that employers may continue to use the new alternate document review process for remote Form I-9 document verification if E-Verify is temporarily unavailable due to a government shutdown.
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In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.
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DOS: Visa and passport operations are fee-funded and thus are not normally impacted by a lapse in appropriations. Consular operations can nevertheless be impacted if there are insufficient fees to support operations at a particular post. In such a case, posts will generally only handle diplomatic visas and “life or death” emergencies.
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CBP: Inspection and law enforcement personnel are considered “essential.” Ports of entry will be open, and processing of passengers will continue; however, processing of applications filed at the border may be impacted.
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ICE: Generally, ICE Enforcement and Removal Operations (ERO) can continue, and the Office of Principal Legal Advisor (OPLA) assistant chief counsels will focus on representing the government in the detained immigration court docket during a shutdown. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees.
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DOL: The OFLC would cease processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. OFLC’s web-based FLAG system would be inaccessible, and BALCA dockets would be placed on hold.
To the extent that PERM filers with impending deadlines can file now, they should do so before 11:59 pm (ET) on December 20. Likewise, if an employer needs an LCA, they should file as soon as possible.
Erickson Insights and Analysis
While this story evolves, Erickson Immigration Group will monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.