Denver restaurants are facing challenges due to the ongoing federal government shutdown, as agencies such as the IRS have furloughed workers who are not receiving pay. This has led to reduced spending by those workers, which in turn affects local businesses that depend on their patronage. Restaurant owners have responded by reducing staff hours, simplifying menus, and seeking new strategies to maintain operations.
Immigrants play a significant role in the restaurant sector. According to industry data, immigrants account for about 4 million of the workforce, representing approximately 22% of all food service employees.
Many employers in the restaurant and bar industry are concerned about how immigration oversight will be affected during the shutdown. When Congress does not pass a budget on time, certain parts of the government stop operating, allowing only essential personnel to continue working.
According to David Asser, Partner with Messner Reeves LLP: “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.”
The E-Verify system is currently shut down and inaccessible for employers. This means businesses cannot use it to create cases or verify employment eligibility until further notice from USCIS.
Most federal immigration agencies remain operational during a shutdown but with possible restrictions on some services. The Department of Homeland Security (DHS) continues its work since most of its functions are considered essential. U.S. Citizenship and Immigration Services (USCIS) also remains open because it is funded independently from Congress; however, programs that do rely on congressional appropriations may be affected.
Visa and passport offices stay open for now but may limit their work if the shutdown persists—focusing only on diplomatic visas or urgent situations involving life-or-death emergencies.
Ports of entry remain open; nonetheless, applications submitted at borders could face disruptions.
ICE’s enforcement activities—including those related to the Student and Exchange Visitor Program (SEVP)—will proceed without interruption.
Immigration court hearings for both detained individuals (“detained docket”) and those not in detention (“non-detained docket”) will continue throughout the government shutdown.
The Department of Labor’s Office of Foreign Labor Certification (OFLC) has halted all operations for now. Employers cannot access its online application portal or file new cases during this period.
Operations at the DHS Office of the CIS Ombudsman have stopped as well due to lack of funding.
Some congressional offices may be closed while others remain accessible; contacting individual offices directly is recommended for more information.
Messner Reeves continues offering compliance support for restaurants navigating these changes—including I-9 compliance audits and assistance with discrimination claims—according to David Asser: “Messner Reeves provides the restaurant and hospitality industry with comprehensive worksite compliance solutions, including I-9 compliance, audits, discrimination claims, H-1B LCA compliance, and more.”
