Denver restaurants are experiencing the effects of the ongoing federal government shutdown, as many local businesses depend on the patronage of furloughed workers from agencies such as the IRS. With these workers not receiving pay, some restaurant owners have reduced staff hours, streamlined menus, and sought new ways to keep their businesses running. Immigrants play a significant role in this sector, with about 4 million immigrants working in restaurants and making up roughly 22% of all food service employees.
The shutdown has raised questions among restaurant and bar employers about how immigration cases will be handled while parts of the government are closed. When Congress does not approve a budget on time, certain government operations stop until funding is restored.
“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,” said David Asser, Partner with Messner Reeves LLP.
The E-Verify system is currently inaccessible due to the shutdown. Employers cannot use their accounts to create cases or manage existing ones until further notice from USCIS.
Most federal immigration agencies remain open during a shutdown, but some services may be limited. Most work at the Department of Homeland Security (DHS) is considered essential and will continue. The United States Citizenship and Immigration Services (USCIS) also remains open since it does not rely on congressional funding for most of its operations; however, programs funded by Congress could be affected.
Visa and passport services continue for now but could become restricted if the shutdown continues for an extended period. In that case, processing might focus only on diplomatic visas and emergencies involving life or death situations.
Ports of entry stay open; however, applications filed at borders may face disruptions. Immigration court cases for both detained and non-detained individuals proceed despite the shutdown.
Some areas see complete closures: “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,” Asser noted.
Additionally, all operations at the Department of Labor’s Office of Foreign Labor Certification (OFLC) have stopped during the shutdown. This means no new foreign labor certification cases can be filed or accessed through its online gateway.
The DHS Office of the CIS Ombudsman has also ceased all activities until normal funding resumes.
Finally, some congressional offices may close during a government shutdown; those seeking assistance should contact individual offices directly for updates.
Messner Reeves offers compliance solutions for restaurants navigating these challenges in worksite requirements such as I-9 forms and H-1B compliance.
