In the event of a governmental shutdown, as projected if Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, certain U.S. immigration processes and visa programs are expected to be disrupted, but not all of them. This scenario, set to commence on October 1, 2023, would see immigration agencies that rely on appropriations from the federal government shut down, while fee-funded agencies will continue their operations.
It’s crucial to note that not all immigration agencies are financed the same way. Some agencies are budgeted from appropriations passed by Congress, while others operate largely on fees. Agencies under the latter category are thus more likely to stay immune to the effects a government shutdown can impose.
Jackson Walker provides a succinct overview of how a government shutdown could possibly affect immigration-related services:
- Fee-funded agencies will likely remain operative.
- Agencies reliant on Congressional appropriations will likely cease most of their operations.
During a government shutdown, the sort of services an immigration agency offers might also come under scrutiny. Regular operations might be halted, but essential services relating to national security or public safety may continue. This, however, is subject to government entities’ discretion and might differ on a case-by-case basis.
Given this potential situation, legal professionals dealing with immigration cases should prepare for possible delays in processing times and disruptions in services. They should have contingency plans in place to cope with the possibility of a Federal government shutdown.