On December 28, 2020, ASISTA submitted two comments in response to two proposed Department of Justice, Executive Office of Immigration Review (EOIR rules) which would limit access to relief for immigrants with matters in Immigration Court, including survivors.

  1. Defining “Good cause” for continuances: This new proposed rule severely limits motions to continue, which given the egregious backlog in USCIS processing, increases the risk that survivors are deported before their cases are decided. Read ASISTA’s comment in opposition here.
  2. Limiting Motions to Reopen: This new proposed rule would limit motions to reopen and the issuances of stays of removal in immigration courts and before the Board of Immigration Appeals, placing survivors even further at risk. Read ASISTA’s comment in opposition here.

Both of these rules are not yet in effect, and are not likely to be finalized before January 20, 2021. We will continue to keep you informed about these rules, and others, as updates are available.