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Original Date Announced
September 29, 2025The Department of Homeland Security (DHS) issued a guidance document for purposes of a government shutdown estimating the number of employees who would be exempt ("[f]unctions and activities funded by appropriations that have neither lapsed nor been exhausted") or excepted ("[f]unctions and activities funded by lapsed . . . or exhausted appropriations which may nonetheless continue because the function or activity by law may continue to be performed during a lapse in appropriations"). DHS made the following estimates of employees with immigration-related functions who would be exempt or excepted: 63,243 out of 67,792 Customs and Border Protection (CBP) employees (~93%), 19,626 out of 21,028 Immigration and Customs Enforcement (ICE) employees (~93%), and 21,568 out of 22,408 U.S. Citizenship and Immigration Services (USCIS) employees (~96%).
New enforcement agents hired under the recent reconciliation legislation will still receive pay during the shutdown.
Trump 2.0 [ID #1996]
2025.09.29 DHS - Procedures Relating to a Lapse in AppropriationsEffective Date
September 29, 2025Subsequent Trump and Court Action
September 29, 20252025.09.29 DOJ - Fiscal Year 2026 Contingency Plan
A Department of Justice (DOJ) memo laying out its contingency plan during a lapse in appropriations stipulates that the Executive Office for Immigration Review (EOIR) will continue to operate during a government shutdown. EOIR staff needed to "process immigration cases and appeals involving detained respondents" will continue to work, while "[n]on-court employees, including general counsel, policy and human relations employees," will be reduced to the "minimum necessary." The memo states that EOIR operations are excepted from Antideficiency Act restrictions and may continue during a lapse in appropriations because President Trump declared a national emergency due to the threat that "illegal immigration" poses to "national security and [the] economy" and because some EOIR operations are "necessary to protect life and property."
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: EnforcementAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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Commentary
2025.10.01 Reported: Trump Shields Immigration and Trade from Shutdown Fallout - Politico
Politico reports that DHS's 2025 government-shutdown plan increases the number of employees retainable during a shutdown by approximately 2,300 from 2023, an increase from 88 percent in 2023 to 95 percent in 2025.
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