On September 27, 2013, the Department of Justice posted a “contingency plan” outlining how the agency would function if the federal government shut down due to a lapse in funding. With no spending bill passed before midnight on September 30, 2013, the government entered a shutdown, and only “essential” operations were allowed to continue.
For immigration practitioners, the key takeaway is this: according to the DOJ’s plan, only appeals related to detained individuals would continue to be processed by the Board of Immigration Appeals (BIA). All other appeals, including those involving non-detained respondents, would be effectively paused for the duration of the shutdown.
While this prioritization makes logistical sense from a resource-allocation perspective, it can cause substantial ripple effects. Even in ordinary times, non-detained BIA appeals often take a year or more to resolve. A shutdown—even a brief one—can further delay already lengthy case timelines.
Importantly, if you have a brief or appeal due during a shutdown, you should still file it on time. Use a shipping method that confirms delivery, such as FedEx, UPS, or certified mail, and keep your receipt. While it’s unclear whether the BIA clerk’s office remains fully staffed during these periods, filing deadlines remain legally binding unless extended by specific policy guidance or court order.
This situation raises larger concerns about how shutdowns affect access to justice in the immigration system. Immigration courts, particularly detained dockets, already operate under immense strain. When budgets lapse, that strain disproportionately affects non-detained immigrants—many of whom are seeking relief from removal, asylum, or family-based benefits that directly impact U.S. citizen children and spouses.
If you’re a practitioner or self-represented appellant with a case pending at the BIA during a government shutdown, monitor updates directly from the EOIR website, the DOJ contingency plans, or credible immigration-focused outlets like AILA or CLINIC. While you wait for operations to resume, it’s wise to prepare your filings in advance and maintain thorough records of all correspondence.