Notice

Department of Justice

Executive Office for Immigration Review


Wednesday, September 16, 2015

EOIR Publishes Rules Regarding Legal Representation
Stakeholder Meetings Scheduled This Fall

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced that the Deputy Attorney General has signed for publication in the Federal Register one proposed rule and two final rules, each addressing various aspects of legal representation. The proposed rule is titled Recognition of Organizations and Accreditation of Non-Attorney Representatives. The two final rules are titled List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings and Separate Representation for Custody and Bond Proceedings.

EOIR plans to host stakeholder meetings this fall to discuss implementation of these rules and will announce meeting dates and times in a future notice.

The Recognition of Organizations and Accreditation of Non-Attorney Representatives rule amends the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings before EOIR and the Department of Homeland Security. The rule also proposes amendments to the regulations concerning EOIR’s disciplinary procedures.

The List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings rule changes the name of the “List of Free Legal Service Providers” that EOIR maintains, to the “List of Pro Bono Legal Service Providers.” This rule enhances the eligibility requirements for providers to be included on the list and authorizes the Director of EOIR, or his or her designee, to add or remove providers from the list. The rule also allows the public to comment on eligible applicants and requires approved providers to certify their eligibility every three years.

The Separate Representation for Custody and Bond Proceedings rule amends EOIR regulations relating to the representation of an individual in custody and bond proceedings before EOIR by allowing a representative to enter an appearance in custody and bond proceedings without such appearance constituting an entry of appearance for all of the immediate respondent’s proceedings before the immigration court.

 

- EOIR -

Updated October 1, 2015