Impact of the Government Shutdown
By Fredrikson’s Immigration Group
As of today, October 1, 2013, the government began a partial shutdown of its agencies. Listed below are several agencies that will be affected:
E-Verify: Citizens and U.S. businesses will not be able to access E-Verify.
Department of State (DOS): DOS will continue as many normal operations as possible; operating status and available funding will be monitored continuously. We recommend checking the consulate’s website for updates daily prior to visa interviews.
Department of Labor (DOL): Since they are funded through appropriations, DOL operations will be suspended.
Office of Foreign Labor Certification (OFLC): This agency will neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification or Applications for Permanent Employment Certification. OFLC’s web site, including the iCERT Visa Portal System, are unable to process any requests or allow authorized users to access their online accounts.
Executive Office for Immigration Review (EOIR): EOIR has limited its operations. Immigration Courts are continuing to adjudicate detained cases. Court functions that support the detained caseload will continue, but other functions are suspended. The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, motions, federal court remands and bonds. The BIA Clerk’s office staff is accepting all filings. The Office of the Chief Administrative Hearing Officer will maintain its ability to issue subpoenas and accept for filing any complaints that must be filed to comply with statutory deadlines. Click here for specific Court operations.
Immigration Customs Enforcement (ICE): ICE detention and enforcement operations shall continue, including order of supervision reporting. ICE chief counsel trial attorneys will still work on the detained docket only during a shutdown. The ICE Community and Detainee Helpline will remain operational.
The functions of U.S. Citizenship and Immigration Services (USCIS) will continue, since they are primarily funded through user fees. In addition, all Border Security programs remain operational.
If you have any questions, please contact our team.