Is Your Restaurant Positioned for Government Shutdown: How it Affects Immigrants and Immigration Cases

By David Asser, Partner with Messner Reeves LLP

Denver restaurants are feeling the impact of the ongoing federal government shutdown. With furloughed workers from agencies like the IRS not receiving pay, local businesses that rely on their patronage are already directly affected. Some restaurant owners have had to cut staff hours, streamline menus, and find creative ways to stay afloat. Make no mistake, the immigrant labor force is vital to the restaurant industry. There are about 4 million immigrants working in the restaurant sector, making up about 22% of the workers in food service overall.

Many restaurant and bar employers have questions about what happens to the government agencies that oversee immigration cases during a government shutdown. This blog post outlines potential impacts on those agencies.

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As of October 1, 2025, the federal government has officially shut down.

When Congress fails to approve a budget on schedule, parts of the government may cease operations, resulting in a “government shutdown.” We are in a shutdown and only specific government employees are permitted to continue working.

Yes, ICE Raids will continue.

Yes, ICE raids are anticipated to continue during a government shutdown because ICE enforcement operations are deemed “essential” and are not impacted by funding gaps. While some other immigration services may experience delays or temporary suspensions, enforcement and removal operations, including arrests and detentions, are expected to carry on as usual.

No, The E-Verify System cannot be accessed.

The E-Verify system is shut down and completely inaccessible during the federal government shutdown. Employers will be unable to access their accounts to create cases, run reports, enroll, or manage any cases. It is possible that the USCIS will provide further guidance in this regard.

Update on Agencies and Services

During a government shutdown, most federal immigration agencies will remain operational, though some services may be restricted.\

• Department of Homeland Security (DHS)

Most of DHS’s work is considered essential, so DHS will remain open.

• U.S. Citizenship and Immigration Services (USCIS)

USCIS will remain open as it does not rely on Congress for its funding. The few programs that are funded by Congress may be impacted by a government shutdown. Notably, E-Verify will not be available for employers to verify employment eligibility.

• Department of State (DOS)

Visa and passport operations will remain open; however, depending on how long the shutdown lasts, work might become limited to diplomatic visas and life-or-death emergencies.

• Customs and Border Protection (CBP)

Ports of entry will remain open; however, applications that are filed at the border may be impacted.

• Immigration and Customs Enforcement (ICE)

ICE enforcement and removal operations will continue. The ICE Student and Exchange Visitor Program (SEVP) offices will remain open.

• Executive Office for Immigration Review (EOIR)

Immigration court cases for both detained individuals (the “detained docket”) and non-detained individuals (“non-detained docket”) will continue during the government shutdown.

• Department of Labor (DOL)

DOL’s Office of Foreign Labor Certification (OFLC) will stop all operations during a government shutdown. Access to the Foreign Labor Gateway Application (FLAG) is turned off and new cases cannot be filed and information cannot be accessed.

• CIS Ombudsman

The DHS Office of the CIS Ombudsman will stop all operations during a government shutdown.

• Congressional Constituent Services

Some congressional offices may be closed during a government shutdown. Please contact the individual office for more information.

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Messner Reeves provides the restaurant and hospitality industry with comprehensive worksite compliance solutions, including I-9 compliance, audits, discrimination claims, H-1B LCA compliance, and more. For more information, please contact Immigration Attorney David Asser (DAsser@messner.com) of Messner Reeves.