How the U.S. Government Shutdown is Impacting New York's Immigrant Communities - Documented
Key Takeaways
- USCIS (U.S. Citizenship and Immigration Services) continues most operations because it is fee-funded, but many other immigration functions face slowdowns.
- EOIR (immigration courts) are hearing detained cases only; most non-detained hearings in New York are postponed.
- E-Verify, the federal employment verification system, is typically suspended during shutdowns, complicating hiring for New York employers.
- Some labor certifications handled by the U.S. Department of Labor may be delayed, affecting H-1B, PERM, and seasonal worker filings.
- City officials and service providers warn of delays in federal reimbursements that support migrant shelter and legal aid in New York.
What’s operating — and what’s not
Most core USCIS services keep running in a shutdown because the agency is funded primarily by filing fees. That means naturalization ceremonies, green card interviews, work permit (EAD) processing, DACA renewals, and affirmative asylum interviews in New York generally continue on schedule unless applicants are told otherwise. Essential border and enforcement functions at DHS (Department of Homeland Security) — like CBP (Customs and Border Protection) and ICE (Immigration and Customs Enforcement) — also continue. By contrast, EOIR, the immigration courts managed by the U.S. Department of Justice, scale back: detained dockets proceed, while non-detained hearings are largely postponed and will be rescheduled later. Applicants should check the EOIR automated case line or online portal before any hearing.
Hiring, work authorization, and labor filings
E-Verify — DHS’s electronic system employers use to confirm work eligibility — is typically taken offline during a shutdown. Employers in New York must still complete the Form I-9 on time and, once E-Verify is restored, create cases within the grace period DHS announces. Work authorization documents (EADs) filed with USCIS continue to be processed, including renewals for asylum applicants and other categories. However, parts of the employment-based pipeline rely on agencies funded by annual appropriations. If the U.S. Department of Labor’s Foreign Labor Certification systems operate with limited staffing, LCAs for H-1B, prevailing wage determinations, and PERM labor certifications may face delays — potentially pushing start dates or causing downstream timing problems for New York employers and sponsored workers.
New York’s safety net under strain
Beyond paperwork, the human impact is immediate. New York’s non-detained immigrants with long-pending court cases face further uncertainty and backlogs as hearings are bumped. Legal orientation programs and other federally supported services in detention may be disrupted. It has been reported that reimbursements tied to federal grants, including FEMA-administered support for the city’s migrant shelter and services, could be delayed, pressuring City Hall, nonprofits, and mutual aid groups already stretched by the influx of asylum seekers. For individuals, the practical guidance is simple but critical: attend all USCIS biometrics and interviews unless officially rescheduled; keep filing deadlines; track your case online; and, if you have an immigration court date in New York and are not detained, verify status before traveling — postponements due to a shutdown are not counted against applicants.
Source: Original Article