The government shutdown which began on October 1, 20013 and continues on without an end in sight has worried many with immigration concerns. We have received numerous inquiries from clients anxious about the effect of the government shutdown on their pending or soon to be filed immigration cases/applications/petitions.
USCIS. Since the USCIS is a fee-based Federal agency, that is, it is funded through user fees and not through appropriations, it does not shutdown as a result of the impasse in Washington. It is business as usual at the USCIS. Interviews are being conducted at the date and time designated, calls to the USCIS are answered, and INFOPASS appointments are honored. The USCIS website has posted an announcement instructing people to report for their interview and appointments as scheduled. However, E-Verify – the USCIS’ internet based system that allows employers to determine eligibility of their employees to work in the United States – is unavailable.
The American Immigration Lawyers Association (AILA) has provided the following updates on other Federal immigration-related agencies and how they are affected by the government shutdown:
DOS: The Department of State will continue passport and visa operations as well as provide critical services to U.S. citizens overseas.
EOIR: Immigration Court functions that support the detained caseload (like bond hearings) 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. Although hearings on non-detained cases are suspended nationwide, attorneys will still be able to file documents in non-detained cases.
DOL: The Department of Labor’s Office of Foreign Labor Certification (OFLC) is subject to the government shutdown and 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 and the PERM system, would be unable to process any requests or allow authorized users to access their online accounts. The closure of the OFLC will impact those aliens who are filing employment-based non-immigrant and immigrant applications/petitions.
DOL’s Office of Administrative Law Judges (including BALCA) will be unable to perform any case-related activities, including conducting hearings. Hearings that have been previously scheduled will therefore be cancelled prior to the date of the hearing, and they will not be rescheduled for hearing until an appropriations bill or continuing resolution takes effect. Deadlines that occur during the shutdown will be suspended.
ICE: The Immigration and Customs Enforcement (ICE) detention and enforcement operations shall continue. ICE chief counsel and trial attorneys will still work on the detained docket only during a shutdown. The ICE Community and Detainee Helpline will remain operational.
ICE SEVP: The Student and Exchange Visitor Program’s (SEVP’s) offices will remain open. This continuation of operations is possible because SEVP is a fee-funded program and does not receive any government-appropriated funds. During this time, designated school officials and F and M students must continue to meet all regulatory requirements. SEVP will remain open and available to answer any inquiries that you may have.
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Atty. Jean S. Tinsay is a partner in The Law Firm of Chua Tinsay and Vega (CTV) – a full service law firm with offices in San Francisco, San Diego and Sacramento. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; [email protected]
