Despite a federal government shutdown that has halted many critical services, immigration courts across the United States remain open, allowing deportation cases to proceed under President Donald Trump's enforcement agenda. The Department of Justice deemed immigration court staff essential in its shutdown contingency plans, ensuring tens of thousands of cases can continue as normal.
The American Immigration Lawyers Association informed members that cases for individuals not in Immigration and Customs Enforcement (ICE) detention are proceeding as usual. Ohio immigration attorney Margaret Wong stated, “I have no reason to believe that it will change, because they want to deport as many people as they can.” However, Justice Department attorneys have filed dozens of requests to federal judges to pause high-stakes immigration-related cases, citing the lapse in appropriations that restricts most legal work.
In one high-profile immigration battle, lawyers noted the disparity: “They apparently have the resources to detain and deport thousands of immigrants with no criminal history to dangerous countries but would prefer not to expend the resources needed to defend the legality of such actions in court.” The Independent has sought comment from the Justice Department's Executive Office of Immigration Review.
During previous shutdowns, hearings for non-detained immigrants were deemed non-essential and suspended. The 2019 shutdown forced about 94,000 cases on hold when the backlog was roughly 1 million. Now, with nearly 4 million pending cases, the Justice Department warned that pausing proceedings would greatly exacerbate the backlog. As of two days into the latest shutdown, all immigration courts are marked open, but uncertainty prevails.
Sarah Burrow, director of immigration law at Lewis Kappes Law Firm in Indianapolis, said, “Like with most things these days, particularly when it comes to the federal government, there is nothing but uncertainty.” The Department of Homeland Security, including ICE and U.S. Citizenship and Immigration Services (USCIS), has been largely spared, with only about 5% of its 270,000 employees furloughed. A massive funding package earlier this year kept ICE and other agencies operational.
Meanwhile, other immigration services like visa appointments and naturalization ceremonies face delays. USCIS director Joseph Edlow, blaming congressional Democrats, said the agency will focus on national security cases, potentially impacting processing times. Houston attorney Steven Brown argued the shutdown should not be used as a pretext to slow adjudication.
