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Original Date Announced
April 5, 2017EOIR Discipline Counsel asks Northwest Immigrant Rights Project (NWIRP) to cease and desist assisting unrepresented individuals in filings before the immigration court without filing a formal Notice of Entry of Appearance, as doing so violates EOIR representation regulations.
[ID #142]
DOJ/EOIR redacted-cease-and-desist-letterEffective Date
April 5, 2017Subsequent Trump and Court Action(s)
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July 27, 2017
District Court Order
District Court granted a preliminary injunction to NWIRP preventing the DOJ from enforcing 8 CFR 1003.102(t). As of 10/21/20, the parties were granted a stay of proceedings until at least February 27, 2021, pending the publishing of a NPRM that reflects the settlement that the parties have discussed.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
April 17, 2019
2019.04.17 NWIRP v Sessions - Notice of Settlement
On April 17, 2019, Northwest Immigrant Rights Project v. Sessions was settled. As part of the settlement agreement, the Department of Justice agreed to undertake rulemaking to amend 8 C.F.R. § 1003.102(t) so as to remove any disciplinary consequences for lawyers who do not file a notice of appearance if their representation is limited to document assistance.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Revoked/Replaced
September 14, 20229.14.2022 - Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
On September 14, 2022, EOIR published a final rule in the Federal Register allowing lawyers to enter a limited appearance using Form EOIR-60 or EOIR-61 when only providing document assistance to pro se noncitizens. It also amended 8 C.F.R. § 1003.102(t) to clarify that a single instance of a lawyer's failure to file and sign an entry of appearance form will not lead to disciplinary action.
This final rule incorporates public comments received after EOIR first published an Advanced Notice of Proposed Rulemaking (ANPR) during the Trump administration on March 27, 2019. The rule enters into effect on November 14, 2022.
View DocumentCurrent Status
Not in effectMost Recent Action
September 14, 2022 Action: Revoked/Replaced 9.14.2022 - Professional Conduct for Practitioners-Rules and Procedures, and Representation and AppearancesSeptember 14, 2022Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: Change in PracticeSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIR
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
DOJ May Allow Attys To Help Pro Se Immigrants With Docs
Go to article2022.12.2022 NWIRP - Limited Legal Assistance in Removal Proceedings
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