Emergency Submitting Seeks Courtroom Order to Halt Implementation of Interim Last Rule that Dismantles Safeguards on the Board of Immigration Appeals
Washington, D.C., Feb. 26, 2026 — Amica Middle for Immigrant Rights, Brooklyn Defender Providers, Florence Immigrant & Refugee Rights Mission, HIAS, the American Immigration Council, and Nationwide Immigrant Justice Middle filed a lawsuit and movement for preliminary reduction right now to dam a brand new interim closing rule issued by the Government Workplace for Immigration Evaluate (EOIR) that might successfully remove significant appellate evaluate earlier than the Board of Immigration Appeals (BIA).
The lawsuit, filed within the U.S. District Courtroom for the District of Columbia, challenges the February 6, 2026, Interim Last Rule (IFR) titled Appellate Procedures for the Board of Immigration Appeals, which is about to take impact on March 9, 2026.
As detailed within the grievance, the IFR imposes sweeping adjustments that might eviscerate noncitizens’ proper to attraction choices of their immigration instances, together with:
- Cut back the time to file most appeals from 30 days to 10 days;
- Require abstract dismissal of appeals except a majority of everlasting BIA members vote inside 10 days to simply accept the case for evaluate;
- Allow dismissal choices earlier than transcripts are created or data are transmitted;
- Impose simultaneous 20-day briefing schedules with extensions allowed solely in slim “distinctive circumstances”;
- Eradicate reply briefs except particularly invited; and
- Impose inflexible case completion deadlines and focus decision-making authority in company management.
“”The BIA Interim Last Rule makes a mockery of due course of. Along with taking away just about any profit the BIA may present immigrants, it’ll wreak havoc on folks with instances in immigration courtroom or federal appellate courts,” mentioned Emilie Raber, Senior Legal professional on the Amica Middle for Immigrant Rights. “Litigants who’re kids, are detained, don’t have a lawyer, have disabilities, or communicate uncommon languages will likely be disproportionately harmed by this Interim Last Rule.”
“The Interim Last Rule creates a barrier to appellate evaluate in elimination proceedings and strikes on the coronary heart of due course of,” mentioned Lucas Marquez, Director of Civil Rights & Regulation Reform at Brooklyn Defender Providers. “The Rule will outcome within the deportation of people who find themselves eligible for immigration reduction — individuals who have legitimate authorized claims that an immigration decide received it unsuitable — just because the Board of Immigration Appeals will now not be an avenue to pretty evaluate their instances.”
“This interim closing rule utterly decimates the method to attraction a case in entrance of the BIA,” mentioned Laura St. John, Authorized Director on the Florence Immigrant & Refugee Rights Mission. “It can render the overwhelming majority of immigrants unable to attraction their instances and will likely be significantly dangerous to those that most want the recourse of an attraction course of, together with professional se litigants, weak kids, Indigenous language audio system, and folks in immigration detention. Will probably be practically inconceivable for many detained professional se people to submit a discover of attraction in simply 10 days, and with out the flexibility to attraction, many individuals will likely be unjustly deported again to harmful and even life-threatening circumstances.”
“Our shoppers deserve a good probability within the immigration courtroom system,” mentioned Stephen Brown, Director of Immigration Authorized Providers at HIAS. “With out entry to a significant attraction course of, individuals who have fled persecution and violence may face harmful penalties, together with the danger of being despatched again to a spot that’s not secure for them. We’re proud to hitch this authorized problem, and to take a stand towards a coverage change that can have a seismic affect on the flexibility of authorized service suppliers comparable to HIAS to help immigrants in navigating a posh and ever-changing authorized system.”
“It’s onerous to overstate the potential human toll of the adjustments proposed on this rule,” mentioned Lisa Koop, director of authorized providers on the Nationwide Immigrant Justice Middle, which is co-counsel and an organizational plaintiff within the lawsuit. “Curbing due course of on this method ensures that authorized providers suppliers like ours will likely be much less capable of assist our shoppers defend towards unjust deportation, and many individuals who would in any other case be eligible for asylum or different authorized standing in the US won’t ever have the chance to pursue safety beneath our legal guidelines.”
“The Trump-Vance administration is gaming the immigration appeals system in an illegal effort to remove significant evaluate and fast-track deportations,” mentioned Skye Perryman, President and CEO of Democracy Ahead. “What is that this administration afraid of? Why are they working so onerous to disclaim folks their rights, whether or not it’s due course of or rights to an attraction? The instances that come earlier than the board are sometimes issues of life or demise. By reducing attraction deadlines, dismissing instances earlier than transcripts even exist, and forcing rushed choices beneath a synthetic timeline, the administration is attempting to disclaim justice. We’re in courtroom once more to defend the rule of regulation and maintain this administration accountable.”
“Immigration courts make life-and-death choices. Stripping away the likelihood to meaningfully attraction a courtroom determination, whereas charging over $1,000 for the privilege, transforms the appeals course of right into a sham. It places folks liable to wrongful and even deadly deportation,” mentioned Michelle Lapointe, authorized director on the American Immigration Council.
In keeping with the filings, the IFR was issued with out the required notice-and-comment rulemaking interval and basically restructures appellate evaluate in elimination proceedings. Plaintiffs argue that by requiring abstract dismissal except the total Board acts inside 10 days — earlier than transcripts are created — the rule makes significant evaluate functionally inconceivable most often.
Plaintiffs argue the rule violates the Administrative Process Act, the Immigration and Nationality Act, and the Fifth Modification, which protects folks from deprivation of liberty with out due strategy of regulation. They’re asking the courtroom to dam the rule’s efficient date and forestall implementation whereas the case proceeds.
The organizations are in search of a preliminary reduction to forestall the rule from taking impact on March 9, 2026, and to maintain it blocked whereas the litigation proceeds.
The case is Amica Middle for Immigrant Rights v. EOIR.
View the grievance right here.
View the keep movement right here.
