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Government shutdown slows immigration cases, years-long delays expected

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CINCINNATI — As the federal government shutdown drags on, its effects are rippling through Ohio’s only immigration court, creating deep uncertainty for attorneys, clients and families already facing long legal battles.


What You Need To Know

  • Immigration courts are still open during the shutdown, but many federal court workers are working without pay and some furloughed
  • Attorneys say the furloughs from the shutdown are causing delays that is pushing trials back years 
  • In the Department of Justice’s contingency plan, it states there’s already a backlog of about four million cases nationwide and it’s expected to get worse the longer the shutdown goes on

Immigration courts remain technically open, but staffing shortages — fueled by widespread furloughs of federal employees — are slowing casework. Attorneys say the backlog, already nearing four million cases nationwide, is now growing faster and will likely push some hearings back by several years.

Rob Ratliff, an immigration lawyer based in Ohio, said the shutdown is putting serious strain on an already overburdened system. Among his clients is Ayman Soliman, a faith leader who spent 72 days in ICE custody before his release sparked community-wide celebration. Soliman is now pursuing permanent residency — but Ratliff says that process will likely take more time. 

“He will be able to continue to pursue his adjustment of status and ultimately become a green card holder and then a citizen,” Ratliff said, “It’s going to be very difficult. It’s difficult for attorneys to stay on top of what’s going on. The system is stressed, and this shutdown is pushing it to the edge,” he said.

Soliman, reflecting on his time in detention, called his release “a dream.” But his fight isn’t over.

“The people that are considered essential employees continue to work in the courts,” Ratliff added. “But they have a heavier burden because of the people that have been furloughed.”

The Department of Justice, which oversees immigration courts, did not provide a formal response to a request for comment. A press secretary simply replied as a part of an automatic response, “I have been furloughed.”

According to the DOJ’s published shutdown contingency plan, criminal cases remain a top priority. Immigration court workers are still reporting to work — without pay — but many administrative staff members have been furloughed.

The plan acknowledges the backlog, which is already nearing 4 million cases. Ratliff estimates that non-detained immigrants with upcoming hearings could see their court dates pushed back by two to three years.

“If hearings scheduled for the next few weeks get canceled, people can anticipate having a trial date two to three years from now,” he said.

That could mean extended uncertainty for immigrants who have already waited months, even years, for their cases to be heard.

As of now, there is no clear timeline for when the shutdown will end or when full staffing will return to immigration courts. And even when it does, attorneys expect delays will continue — especially in appeals.

For Soliman and others like him, the path to permanent residency remains a long road ahead.                    

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Sheena Elzie

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