Via the American Immigration Lawyers Association
EOIR: Generally, immigration court cases on the detained docket will proceed during the lapse in congressional appropriations while non-detained docket cases will be reset for a later date when funding resumes. Courts with detained dockets will receive all filings but will only process those involving detained dockets. Courts with only non-detained dockets will not be open and will not accept filings.
In Chicago: the Chicago detained court at 536 S. Clark Street is open and accepting detained filings. The detained court location is not accepting non-detained filings. The Chicago non-detained court at 525 W Van Buren is closed and not accepting non-detained filings. Additionally, EOIR has posted a message at the non-detained court explaining that all detained filings should be made only at the detained court window, and that includes emergency motions to reopen and stays for those who may have recently been detained. Given that the non-detained court is closed until further notice due to the lapse in appropriations, any deadlines for non-detained filings will be addressed once the court is reopened.
NIJC has heard that the non-detained court will open the day after the shutdown ends (e.g., if the shutdown ends on Sunday night, the court will reopen on Monday). Attorneys who had filing deadlines during the shutdown period must plan to file the first day the court reopens. Attorneys with hearings scheduled the first day the court reopens should expect those hearings to proceed.
USCIS: The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’s fee-funded
activities. USCIS offices will remain open, and all individuals should attend interviews and appointments as scheduled. This includes the Asylum Office.
CBP: Inspection and law enforcement personnel are considered "essential." Ports of entry will be open; however, processing of applications filed at the border may be impacted.
ICE: ICE enforcement and removal operations will continue, and ICE attorneys will typically focus on the detained docket during a shutdown.
CIS Ombudsman: The DHS Office of the CIS Ombudsman would close and would not accept any inquiries through its online case intake system.