News of a Department of Homeland Security shutdown can create immediate anxiety for immigrants and non-citizens across the United States. For individuals and families in Colorado, Virginia, and throughout the country, questions quickly arise: Will my green card application be delayed? Will USCIS stop processing work permits? What happens to my pending case?
The answer depends on which agency is involved and how it is funded. While a DHS shutdown can disrupt certain services, not all immigration functions stop completely. Understanding what may continue, what may pause, and how to protect your case is critical during periods of government uncertainty.
Does USCIS Shut Down During a DHS Funding Lapse?
U.S. Citizenship and Immigration Services, or USCIS, is primarily funded by filing fees rather than congressional appropriations. Because of this structure, USCIS often continues operating during a government shutdown.
This means many immigration applications may still be processed, including:
- Adjustment of status (green card) applications
- Naturalization applications
- Employment authorization applications
- Family-based petitions
- Certain humanitarian applications
However, continued operation does not mean business as usual. Staffing shortages, reassignments, and administrative slowdowns can still cause delays. If the shutdown continues for an extended period, operational disruptions may increase.
Applicants in Denver and Northern Virginia should be prepared for slower processing times even if services technically remain open.
What About Immigration Courts?
Immigration courts are part of the Department of Justice, not DHS. However, funding disruptions can still affect hearings.
During prior shutdowns, detained cases generally continued to move forward, while many non-detained hearings were postponed. For immigrants with cases at the Denver Immigration Court or the Arlington Immigration Court serving Fairfax and Northern Virginia, this distinction can be critical.
If your hearing is postponed, the court typically reschedules it for a later date. However, delays can extend already lengthy timelines. It is important to monitor official notices and remain in contact with your attorney.
Missing a hearing due to confusion or miscommunication can have serious consequences, including in absentia removal orders.
Will ICE Enforcement Continue?
Immigration and Customs Enforcement, or ICE, is considered essential for national security and law enforcement purposes. Enforcement operations generally continue during a shutdown.
This means detention and removal operations typically proceed. Individuals in removal proceedings should not assume that enforcement actions will pause simply because funding negotiations are ongoing in Washington.
In both Denver and Fairfax, immigrant communities should remain aware of their rights and avoid relying on rumors about enforcement being suspended.
How Are Work Permits and E-Verify Affected?
Employment authorization is a major concern for non-citizens. While USCIS may continue processing work permits because it is fee-funded, delays can still occur.
E-Verify, the federal employment eligibility verification system, has been suspended during past shutdowns. If that happens again, employers in Colorado and Virginia may be temporarily unable to create or close E-Verify cases.
For employees, this does not automatically invalidate existing work authorization. However, it can complicate onboarding processes and employer compliance obligations.
If your work permit is expiring soon, filing for renewal as early as possible is especially important during periods of government uncertainty.
Are Travel Programs and Border Services Affected?
Customs and Border Protection, or CBP, is also part of DHS. During funding lapses, certain services may be reduced.
Programs such as Global Entry or other expedited processing programs may be temporarily suspended or delayed. Travelers returning to Denver International Airport or Washington Dulles International Airport could experience longer inspection times.
However, essential border inspection functions generally continue. Lawful permanent residents and visa holders should still be able to reenter the United States, though processing times may increase.
If you have pending advance parole or travel document applications, consult with an immigration attorney before making international travel plans during a shutdown.
Will My Case Be Denied Because of a Shutdown?
A DHS shutdown does not automatically cause applications to be denied. However, deadlines still matter.
If you receive a Request for Evidence, Notice of Intent to Deny, or other time-sensitive correspondence, you must respond within the stated deadline. A shutdown does not pause those response windows unless USCIS formally announces an extension.
Similarly, filing deadlines for asylum, removal defense applications, or appeals remain in effect unless official guidance says otherwise.
Staying proactive is essential.
What Should Immigrants in Denver and Fairfax Do?
If you have a pending immigration application during a DHS shutdown, consider the following steps:
- Monitor official USCIS and court announcements
- Keep copies of all filings and receipts
- Track expiration dates for visas and work permits
- Avoid travel without confirming your case status
- Stay in close communication with your attorney
Immigration law is complex even during normal operations. A funding lapse adds another layer of uncertainty. Having experienced legal guidance can help you avoid costly mistakes.
At Pachuta & Kammerman, we assist individuals and families with a wide range of immigration matters, including green cards, citizenship, work authorization, and removal defense. Our firm serves clients in both Denver, Colorado and Fairfax, Virginia, and we closely monitor how federal developments affect local cases.
Do Not Rely on Rumors During a Shutdown
Government shutdowns often generate confusion and misinformation. Social media posts and unofficial sources may exaggerate impacts or provide inaccurate guidance.
While some immigration services may slow down, many core functions continue. The key is understanding which parts of the system are fee-funded, which rely on congressional appropriations, and how prolonged disruptions may affect timelines.
If you are concerned about how a DHS shutdown could impact your immigration application, do not wait for problems to arise. Early action and informed planning can make a significant difference.
If you have questions about your case in Denver or Fairfax, our team is here to help you understand your options and protect your status. Contact us to schedule a consultation and receive personalized guidance during this period of uncertainty.
