Immigration agencies prepare for potential government shutdown

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(The Center Square) – As the possibility of a government shutdown looms, federal agencies that enforce immigration and administer visa programs said they are prepared to handle funding lapses. 

The Department of Homeland Security issued guidance on Monday in case of a government shutdown. DHS expected 22,862 total employees would be furloughed in the event of a government shutdown, compared to 249,065 employees who would remain on duty.

DHS expects 19,626 Immigration and Customs Enforcement employees to be retained during a lapse in appropriations. As of Sept. 26, ICE estimated that it had 21,028 total onboard employees.

U.S. Customs and Border Protection will furlough 4,592 employees of its 67,792 total employees.

U.S. Citizenship and Immigration Services will furlough 480 employees out of 22,408 in the event of a government shutdown.

DHS said it would be “continuing passenger processing and cargo inspection functions at ports of entry.”

The Department of Labor helps to administer and process applications for work visa programs that employers use to recruit and retain immigrant workers in the United States. Some of these programs could be disrupted by a government shutdown.

In its government shutdown plan, the Department of Labor said it would not process labor condition applications that come as part of establishing nonimmigrant work visas, including H-1B and E-3 visas for speciality skilled workers.

Littler Mendelson, an employment and labor law firm, said USCIS could exercise discretion for certain immigration worker cases if applications were delayed due to the government shutdown.

“We strongly caution clients from relying on this guidance alone and recommend contacting counsel in the event of a specific issue,” Littler Mendelson said.

A possible government shutdown would temporarily eliminate the E-Verify program which employers use to start or manage cases with foreign employees. E-verify electronically confirms work eligibility in the United States.

“Employers will not be able to access their E-Verify accounts to create an E-Verify case, run reports, enroll in E-Verify, or view or act on any case,” Littler Mendelson said.

The Conrad 30 program could also be affected by a government shutdown. The program allows foreign medical students to live and work in medically underserved areas in the United States upon graduating. In 2024, Conrad 30 recipients made up 1,010 physicians across the country.

“The Conrad 30 program remains an important tool to help ensure patients, particularly in rural and underserved communities, continue to have access to physicians,” said Bruce Scott, president of the American Medical Association.

The Department of Labor also warned that a prolonged shutdown could impact other visa programs including H-2A and H-2B programs for low skilled, temporary workers. 

The U.S. Department of State's plan said it will continue to issue passports and visas in the United States and abroad during a government shutdown because it is an "necessary for national security."