Wednesday, October 2, 2013

Status of Immigration Agencies during the Government Shut Down

CIS Ombudsman: The CIS Ombudsman's Office will be closed and will not be accepting any inquiries through their online case intake system.

Department of Labor (DOL):  OFLC will neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. OFLC's web site, including the iCERT Visa Portal System and the PERM system, would become static and unable to process any requests or allow authorized users to access their online accounts.

DOL's Office of Administrative Law Judges will be unable to perform any case-related activities, including conducting hearings. Hearings that have been previously scheduled will therefore be cancelled prior to the date of the hearing, and they will not be rescheduled for hearing until an appropriations bill or continuing resolution takes effect.

Customs and Border Patrol (CBP):
1.  All Ports of Entry are open. There is even no change in using overtime to handle flight arrivals and CBP continues to accept requests from airlines for new service. The Border Patrol and the Office of Air and Marine are also continuing with operations.
2.  The Admissibility Review Office (ARO) is open and continues to function.
3.  All global entry enrollment centers are open and interviews are continuing and all Trusted Traveler programs continue to function as usual.
4.  The CBP website will not be maintained during the lapse in appropriations.
5.  Approximately 6,000 CBP positions, primarily held by technicians and support staff, are impacted by the lapse in appropriations.

Department of Homeland Security (DHS): Due to the lapse in federal, DHS’s website will not be actively managed.

Department of State (DOS): The Department will continue as many normal operations as possible; operating status and available funding will be monitored continuously and closely for a lapse in appropriations.

Executive Office of Immigration Review (EOIR):   Court functions that support the detained caseload will continue, but other functions are suspended. The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, motions, federal court remands, and bonds.

EOIR’s operations are limited during the lapse in government funding, so staff at the immigration courts and the Board of Immigration Appeals will not be available for photo identification verification to complete the eRegistration process. Upon its return to normal operations, EOIR will again be able to process eRegistration applications.

Immigration and Customs Enforcement (ICE):  ICE detention and enforcement operations shall continue.

ICE Student and Exchange Visitor Program (SEVP):  SEVP’s offices will remain open. This continuation of operations is possible because SEVP is a fee-funded program and does not receive any government-appropriated funds. During this time, designated school officials and F and M students must continue to meet all regulatory requirements.

U.S. Citizenship and Immigration Services (USCIS): All USCIS offices worldwide are open and individuals should report to interviews and appointments as scheduled. E-Verify is currently unavailable due to a government shutdown.

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