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Oppose New Rules for Immigration Courts!

Posted on Sep 21 2020

The government has proposed a new rule that would strip many due process protections in deportation proceedings. The government claims the new rule would increase “efficiency.” In fact, that means speeding up deportations, and limiting the power of immigration courts. You can file a comment opposing this rule.

The government is required to allow the public to read and comment on proposed rules. Comments are public records that anyone can read. The agency proposing a new rule must read all the comments and consider. The agency may make changes to the rule after considering comments. If a large number of comments are submitted, it will take longer to publish the final rule.

The comment period for this rule ends on Friday, September 25. You can make a comment by clicking here and entering your comment. Just click on the “Comment Now” button on the right side of the page.

Here are some details about the proposed rule:

Administrative Closure: Immigration courts use administrative closure to stop a deportation case from moving forward. They can use this tool when an immigrant has an application for a visa pending. That stops the deportation case, and allows time for processing the application.

For example, an immigrant may have an application for a visa as a crime victim. These visas are called U-visas. Only a small number of U-visas are allowed each year. So someone may be approved for a U-visa, but may have to wait for years to receive it. Administrative closure puts the deportation case on hold. This allows the U-visa applicant to wait in the United States until a visa is issued. The proposed regulation would eliminate administrative closure and allow the deportation of immigrants, including crime victims, who have been approved for visas but are simply waiting for them to become available.

Reduced Fact-Finding: Right now, the Bureau of Immigration Appeals (BIA) can send a case back to the judge for more fact-finding. For example, an immigrant might not have a lawyer at first. That might mean that important facts are not presented to the court. So the BIA can send the case back for more fact-finding. The regulation would prevent the BIA from making most fact-finding orders.

This new rule is very long and very complicated. These are just two of many changes that the new rule would make. Overall, the rule changes immigration court procedures to favor deportation and handicap defense against deportation. It reduces the authority of immigration judges and the BIA to make fair decisions.

The comment period for this rule ends on Friday, September 25. You can make a comment by clicking here and entering your comment. Just click on the “Comment Now” button on the right side of the page.

If you do not want your name to appear on the public comment document, just enter your name as “anonymous anonymous.”

Here is a very short sample comment. The best comments use your own words and experiences.

SAMPLE COMMENT:

I oppose the Executive Office for Immigration Review (EOIR) rule, EOIR Docket No. 19-0022, (the “Proposed Rule”).

This proposed rule would reshape the entire immigration court system. It would restrict immigrants’ abilities to appeal decisions. It would take away second chances.

This proposed rule would eliminate many protections. It would stop immigration judges from exercising their good judgment in administrative closure. It would prevent the BIA from ordering more fact-finding in most cases.

The appeal process takes time. There is a good reason for that. Immigrants and attorneys need time to prepare evidence.

This proposed rule says it is about efficiency. Due process is a higher value than efficiency.

Do NOT remove Immigration Court due process protections. Please withdraw this proposed rule.