It appears increasingly likely that Congress will fail to agree on a budget ahead of the start of the new fiscal year on October 1, 2023. Should this occur, federal government operations will shut down to varying degrees based on the essential nature of the impacted government agency and whether/how much they rely on government appropriations as part of their operating budget. As such, a government shutdown will not bring processing of immigration benefits to a total halt, but will have an impact based on the specific agencies handling certain immigration benefits. Should a shutdown occur, Federal agencies that rely on government funding must halt all but “essential” functions, and only “essential” personnel are allowed to work. Fee-funded agencies will remain operational but their services may still be impacted. Should the government shutdown, processing delays should be expected, even for agencies that remain operational.

The government has shut down before, and while we cannot guarantee particular outcomes, the immigration consequences of previous shutdowns provide us with a guide as to what we can expect if the government shuts down on October 1, 2023. Below we outline how a government shutdown is expected to impact the various agencies involved in U.S. immigration enforcement and benefits.