Search Results for agency_names:"Executive Office for Immigration Review"

In January 2021, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) decided to delay the effective date of a rule concerning the eligibility for asylum and withholding of removal due to potential security risks relating to public health emergencies. This delay, lasting 60 days from January 21 to March 22, 2021, came after a memorandum from the White House Chief of Staff suggested pausing pending regulations for review. The delay was also necessary because of a preliminary court injunction against a related rule that could affect the implementation of this new rule.

The Department of Homeland Security and the Department of Justice have announced a further delay in the implementation of the "Security Bars" final rule until December 31, 2025. This rule was originally intended to define certain public health concerns as threats to U.S. security, affecting asylum eligibility. The delay is due to potential conflicts with other existing regulations and the absence of current public health conditions that would activate the rule. The departments are seeking public comments on the postponement, but not on the potential modification or cancellation of the rule.

The Department of Justice's Executive Office for Immigration Review issued an interim final rule to clarify the responsibilities of immigration judges when reviewing asylum officers' credible fear and reasonable fear determinations. This rule ensures that judges consider any asylum bars applied by asylum officers as defined by Department of Homeland Security regulations. The changes seek to prevent misunderstandings and maintain consistency with existing legal requirements and processes. Public feedback is requested by January 27, 2025, and the rule takes effect on December 27, 2024.

The Executive Office for Immigration Review (EOIR), which is part of the Department of Justice, is withdrawing two proposed rules regarding immigration proceedings. These rules focused on the procedures for reopening cases after someone has left the U.S. and on defining "good cause" for delaying immigration hearings. EOIR decided to withdraw these proposals as they are reassessing their priorities and believe that further comments and evaluations are needed. This decision maintains the current practices for handling these immigration matters while they consider future actions.

The Department of Justice is making corrections to a final rule concerning credible fear determinations, which was originally published in the Federal Register on December 11, 2020. This rule impacts how claims for asylum and protection under specific international conventions are reviewed, moving these claims to streamlined proceedings conducted by immigration judges rather than under a different legal section. The corrections clarify specific regulatory instructions within the document. This correction takes effect on January 11, 2021.