Immigration Courts Remain Open Despite Government Shutdown

When the federal government shuts down, many agencies either slow operations or completely halt non-essential functions. But immigration courts are handling things differently this time. Despite the funding lapse, most immigration court dockets are continuing to move forward, raising questions for attorneys, clients, and families navigating the system.

What Stays Open?

The Executive Office for Immigration Review (EOIR), which oversees immigration courts, has announced that proceedings are continuing as scheduled—even for non-detained dockets. This is a shift from past shutdowns, where only detained cases (for individuals held in ICE custody) typically moved forward. Non-detained hearings, by contrast, were often postponed and reset until funding resumed【web†aila.org】.

Under current policy, the following types of cases are still being heard:

• Detained dockets – individuals held in ICE detention facilities continue to have hearings.

• Expedited cases – such as credible fear reviews and possibly Family Expedited Removal Management (FERM) cases.

• Non-detained dockets – unlike prior shutdowns, EOIR is keeping these hearings on schedule, meaning people living in the community must appear as directed【web†notus.org】.

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What Could Change?

While immigration courts are continuing, attorneys warn that the situation remains fluid:

• Resource strain – If the shutdown lasts, staffing shortages could force EOIR to prioritize detained cases and delay non-detained hearings.

• Rescheduling risk – Even though hearings are moving forward now, courts may still issue new notices or adjust calendars if funding or staffing becomes a problem【web†aila.org】【web†hollandhart.com】.

• Case backlog – With immigration courts already facing over 3 million pending cases nationwide, any disruption could add more pressure to an already strained system【web†notus.org】.

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What This Means for Clients

For immigrants and their attorneys, the message is clear: do not assume your hearing is canceled because of a shutdown. Missing a scheduled court appearance—even during uncertain times—could have serious consequences, including an in absentia removal order.

Instead, clients should:

1. Check EOIR’s Automated Case Information System (online or by phone) for real-time updates.

2. Stay in contact with your attorney to confirm the status of hearings.

3. Prepare as if the hearing will occur, unless you receive official notice otherwise.
   

Conclusion

While much of Washington slows down during a shutdown, immigration courts are pressing forward. This decision reflects the government’s priority to keep dockets moving, especially given the historic case backlog. But with policies differing from past shutdowns, immigrants and attorneys alike need to remain vigilant, confirm hearing dates, and prepare for sudden changes.

Sources:

• American Immigration Lawyers Association (AILA), Practice Alert: What Happens If the Government Shuts Down?【web†aila.org】

• NOTUS, Immigration Courts Stay Open During Shutdown【web†notus.org】

• Holland & Hart LLP, How Does the Federal Government Shutdown Affect Immigration Agencies and Processes?【web†hollandhart.com】