Executive Office for Immigration Review 2022 – Federal Register Recent Federal Regulation Documents
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Security Bars and Processing; Delay of Effective Date
On December 23, 2020, the Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') (collectively, ``the Departments'') published a final rule (``Security Bars rule''), to clarify that the ``danger to the security of the United States'' standard in the statutory bar to eligibility for asylum and withholding of removal encompasses certain emergency public health concerns and to make certain other changes. This rule would have made a noncitizen ineligible for asylum if, among other things, the noncitizen was physically present in a country in which a communicable disease was prevalent or epidemic, and the Secretary of Homeland Security and the Attorney General determined that the physical presence in the United States of noncitizens coming from that country would cause a danger to the public health. That rule was scheduled to take effect on January 22, 2021, but, as of January 21, 2021, the Departments delayed the rule's effective date for 60 days to March 22, 2021. The Departments subsequently further delayed the rule's effective date to December 31, 2021, and most recently to December 31, 2022. In this rule, the Departments are further extending the delay of the effective date of the Security Bars rule until December 31, 2024. The Departments are soliciting comments both on the delay until December 31, 2024, and whether the effective date of the Security Bars rule should be delayed beyond that date.
Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
On March 27, 2019, the Department of Justice (the Department) published in the Federal Register an Advanced Notice of Proposed Rulemaking (ANPRM) to solicit public comments regarding whether the Department should allow practitioners who appear before the Executive Office for Immigration Review (EOIR) to engage in limited representation or representation of a noncitizen during only a portion of the case, beyond what the regulations permitted. On September 30, 2020, after reviewing the comments to the ANPRM, the Department published in the Federal Register a Notice of Proposed Rulemaking (NPRM). The NPRM proposed to amend the regulations to allow practitioners the option of entering a limited appearance to assist pro se individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before EOIR, as opposed to requiring the practitioner to enter an appearance to become the ``practitioner of record'' and thereby to accept certain obligations and responsibilities. This final rule responds to comments received in response to the NPRM and adopts the proposed rule with changes as described below. Specifically, this final rule permits practitioners to provide document assistance to pro se individuals by entering a limited appearance through new Forms EOIR-60 or EOIR-61, without requiring the practitioner to become the practitioner of record or to submit a motion to withdraw or substitute after completing the document assistance.
Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
On August 20, 2021, the Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') (collectively ``the Departments'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that proposed amending regulations governing the procedures for determining certain protection claims and available parole procedures for individuals subject to expedited removal and found to have a credible fear of persecution or torture. After a careful review of the comments received, the Departments are now issuing an interim final rule (``rule'' or ``IFR'') that responds to comments received in response to the NPRM and adopts the proposed rule with changes. Most significantly, the IFR provides that DHS's United States Citizenship and Immigration Services (``USCIS'') will refer noncitizens whose applications are not granted to DOJ's Executive Office for Immigration Review (``EOIR'') for streamlined removal proceedings. The IFR also establishes timelines for the consideration of applications for asylum and related protection by USCIS and, as needed, EOIR. This IFR responds to comments received in response to the NPRM and adopts the NPRM with changes as described in this rule. The Departments solicit further public comment on the IFR's revisions, which will be considered and addressed in a future rule.
Notice of Meeting-EOIR Case & Appeals System; Immigration Court Online Resource
The Executive Office for Immigration Review (``EOIR'') invites interested parties to attend the first of a series of public forums about its Access EOIR initiative. During the session, agency senior leadership will be available to listen to comments, compliments, and concerns from stakeholders regarding two of EOIR's web-based initiatives: EOIR Courts & Appeals System (``ECAS''), and Immigration Court Online Resource (``ICOR'').
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