Take Action to Save Due Process!
The DOJ has issued a new interim final regulation that will eviscerate the right of noncitizens to appeal their cases through changes to procedures at the Board of Immigration Appeals. There is a 30-day period, ending March 3, during which the public can submit comments detailing why they oppose the rule.
What the rule will do:
In summary, it requires people to file appeals within 10 days of an immigration judge decision (cutting from 30 days and removing possibility of extension); allows the DOJ appeals office to summarily dismiss ALL APPEALS before accepting briefs and evidence; and shortens the time for briefs to be filed if a case is allowed to move forward. The only way to overcome a summary dismissal is to have ALL the Board members vote to do so- an unlikely feat- which means people will only be able to access due process and protection by appealing to the federal courts. That will cost money, drain legal services, and bog the federal courts unnecessarily, which distracts them from hearing cases involving serious crimes and other urgent issues.
Among other things, it:
- Gives the Board authority to summarily dismiss ALL appeals unless a majority of the permanent Board members vote en banc to accept an appeal-- highly unlikely in many cases. Applies prospectively and not to appeals already pending when the rule goes into effect. Two exceptions related to bond, parole, or detention and custody
- Reduces the time to appeal a case to the Board from 30 days to 10 days including for asylum seekers denied solely due to Asylum Cooperative Agreements, failing to apply within one-year of entry, or having applied for asylum previously
- Requires simultaneous briefing of cases within 20 days of the Board setting the schedule, with no reply briefs and limited extensions.
How to comment:
There's no format for comments!
You must submit via the online portal, here.
You can submit anonymously, as an organization, or individually.
Comments must be provided before March 3, 2026, at 11:59pm Eastern.
What you might include:
If you are an attorney, comments would be strong if detailing challenges you've seen in immigration court, bad decisions by IJs that get overturned on appeal, what the reality of filing in 10 days will mean, etc.
If you've observed court, comments will be helpful that detail what the process looks like and why rights to appeal are so essential.
If you have been personally impacted by immigration processes, comments could describe your experience (be sure to speak to a lawyer about including anything that could create harm and note that personal info is collected).
If you just want to ensure the US provides fair processes for people in the country, you can say so!
