EOIR Hearings and Government Shutdowns: Detained vs Non-Detained

Detected resources in order of appearance:
1. eoIR-operational-status (policy) — corresponds to EOIR operational status page
2. EOIR operational status page (policy)

We may add up to 5 .gov links, only first mention of each resource in body text. Both detected map to the same EOIR operational status page; per rules, link only the first mention. The article already includes a URL to justice.gov; replace the first mention in body with an official .gov link using the exact resource name as it appears.

I will add one .gov link to the first occurrence of “EOIR’s operational status page” (exact resource name: EOIR operational status page) linking to the official EOIR operational status page on justice.gov.

Here is the complete article with that single government link added (no other changes):

(UNITED STATES) Immigration Court Hearings for people held in government custody are still taking place nationwide after the U.S. federal government entered a shutdown on October 1, 2025, while most hearings for people who are not detained are paused and will be rescheduled once funding returns. The Executive Office for Immigration Review (EOIR), which runs the immigration courts, depends on congressional funding. When funding lapses during Government Shutdowns, EOIR scales back work and gives priority to the detained docket to meet legal duties and public safety needs.

As of today, the pattern seen in past shutdowns is again shaping daily court operations. Hearings for people held by Immigration and Customs Enforcement continue because they are considered essential. Judges and core staff remain on duty to keep these cases moving. By contrast, most non-detained hearings are canceled and will be reset after the government reopens. According to analysis by VisaVerge.com, this two-track approach mirrors prior funding lapses and reflects how EOIR separates urgent matters from those that can safely wait.

EOIR has not publicly announced a blanket exception that would keep all non-detained calendars running. Some local reports suggest a few non-detained hearings may proceed in isolated instances. But the weight of practice and expert guidance points the other way: plan for postponements if you are not in custody. Respondents and lawyers should watch for new notices once funding is restored and courts return to full staffing.

Detained vs. Non-Detained: What Operates During a Shutdown

• Detained hearings continue. People in ICE custody stay on the detained docket, and those cases go forward during a shutdown. Judges, clerks, interpreters, and other essential staff keep working these calendars to avoid extra time in custody and to meet legal timelines.
• Non-detained hearings are generally suspended. If you are not in custody, your hearing is likely canceled and will be reset. This pause adds more cases to an already crowded system, deepening the backlog once EOIR resumes normal operations.
• Public access remains, with limits. Detained hearings stay open to the public unless a judge closes a matter for privacy or safety reasons, such as cases with sensitive records or vulnerable people.
• Watch for rare exceptions. A few sources indicate some non-detained cases could move ahead despite the shutdown, but these appear uncommon. The safest plan is to assume cancellation unless your court or lawyer tells you otherwise.

The shutdown’s timing matters, too. Because the funding lapse began on October 1, 2025, courts had to quickly switch to emergency footing. That means many clerical tasks on non-detained cases are paused, not just the hearings. Motions could sit longer than usual; written decisions in non-detained matters might not go out until funding returns; and court hotlines or webpages may see delayed updates.

Operational Strain and What to Do Now

EOIR relies on appropriations, so many staff who are not deemed essential are furloughed during a shutdown. That reality slows everything else around Immigration Court Hearings. Even after Congress passes funding and the government reopens, it takes time to reassign dates, restart normal calendars, and process a flood of filings that arrived during the pause.

Here’s what respondents, families, and lawyers should do while the shutdown is in effect:

1. Confirm your case type.
   • If the person is detained, expect the hearing to move forward.
   • If not detained, expect a pause. This simple check shapes everything else.
2. Do not miss a detained hearing.
   • For people in custody, missing a hearing can lead to an in-absentia order or other harm.
   • Treat every detained date as active unless told otherwise by the court or counsel.
3. Keep contact details updated.
   • If you are not detained, the court will reschedule and mail a new notice.
   • Make sure EOIR and your lawyer have your current address and phone number so you receive the new date.
4. File on time if you can, but expect delays.
   • Some filings in non-detained cases may sit until normal operations resume.
   • Keep proof of delivery. If a deadline falls during the shutdown, speak with your lawyer about strategy.
5. Check official updates.
   • Policies can shift quickly during Government Shutdowns.
   • See EOIR operational status page for updates: https://www.justice.gov/eoir-operational-status
6. Plan for a larger backlog.
   • The pause on non-detained hearings adds weeks or months to many timelines.
   • Families should prepare for longer waits. Employers and foreign nationals with parallel immigration steps should add extra buffer time to plans.
7. Understand the fee-funded split.
   • EOIR slows because it relies on direct appropriations, but many USCIS functions that run on filing fees may continue.
   • That can mean a court hearing is pushed back while a separate USCIS filing moves ahead.

Human and Community Impact

Immigration lawyers across the United States say the human impact is immediate. Detained clients face the stress of urgent decisions without the full support staff courts rely on during normal times. Non-detained clients must brace for months of uncertainty, especially those waiting for final hearings after years in the system.

• Children, workers, and families face ripple effects when court dates shift suddenly: school schedules, job offers, and medical needs can all be disrupted.
• Employers may find onboarding and project planning complicated when a worker’s status depends on a court outcome.
• Schools and community groups will likely see increased demand for counseling, document help, and mental health support.
• Local courts must rebook each canceled non-detained session into already crowded calendars, multiplying the workload.

Key points to remember during this shutdown:
– Detained docket: hearings continue without interruption.
– Non-detained docket: hearings are generally suspended and will be reset after funding returns.
– Administrative delays are likely during and after the shutdown.
– Always verify your hearing status through official EOIR channels.

Observers note that this approach follows both historical practice and current guidance. While a few outliers may report non-detained hearings moving ahead, that is not the norm. VisaVerge.com reports that past shutdowns show the same pattern: keep detained cases running to meet legal duties, while pausing non-detained calendars until Congress restores funding.

Preparation Checklist for Families and Respondents

• Organize documents: Keep all case materials together and ready.
• Save copies: Make digital and physical copies of anything you file.
• Update address: File a change of address with the court immediately if you move.
• Coordinate witnesses/records: Use the pause to gather witnesses, records, and other evidence.
• Stay in touch with counsel: Rely on your lawyer for case-specific guidance and strategy.
• Monitor official sources: Check EOIR notices and local court communications frequently.

The shutdown will end when Congress passes a funding bill and the President signs it. When that happens, EOIR will begin the long task of rebooking calendars, issuing new notices, and catching up on paused work. For detained cases, the daily tempo may not change. For non-detained cases, plan for a slower restart as courts sort through the pile of postponed hearings.