Executive Office for Immigration Review (EOIR)
- Primary Source: Full information about EOIR’s response to COVID-19 can be found on its dedicated webpage.
- Non-Detained Cases: Certain immigration courts have resumed non-detained hearings. Any non-detained cases without an announced date are postponed through, and including, April 16, 2021. Check the immigration court operational status map or the automated case information portal for additional information.
- Recognition and Accreditation: Organizations filing R&A applications may file them electronically by email to R-A-Info@usdoj.gov. DOJ will accept digital and electronic signatures on all applications regardless of method of submission, as well as electronically reproduced digital, electronic, or wet signatures. The announcement defines digital and electronic signatures and lists requirements; please review the requirements to ensure compliance. Applicants must keep original copies of all documents submitted by email and be prepared to produce them for EOIR upon request.
- Signatures: EOIR policy memo notes that it will accept digital and electronic signatures on all documents filed with immigration court and the Board of Immigration Appeals, or BIA. EOIR will also accept electronically- reproduced copies of documents containing digital, electronic or “wet” signatures.
- Filing by Email: On April 7, 2020, EOIR, issued guidelines on email submission of briefs, motions, and other court documents for immigration courts and for the BIA. A memorandum issued June 11, 2020, indicates that courts will stop accepting electronic filing and deactivate the email addresses 60 days after that court has resumed hearing non-detained cases. The guidelines issued by EOIR contain an up-to-date list of all the immigration courts and dates those individual courts will stop accepting electronic filings.
- Telephonic or Webex Appearances: Various immigration courts have issued Standing Orders addressing telephonic appearances and motions for continuances. Check the Operational Status Map to review the most up-to-date of local court Standing Orders.
- Migrant Protection Protocols (MPP): On Feb. 11, 2021, DHS announced that on Feb. 19, 2021, it would begin “phase one” of a program to restore safe processing at the border, and would “begin processing” those forced to remain in Mexico under the MPP. Individuals previously placed in MPP are advised to remain where they are and await further instructions regarding a “virtual registration process.” All individuals processed through this new program will be tested for COVID-19 before entering the United States, and must adhere to guidance regarding social distancing and face coverings. For more information, see the DHS announcement here.
Check the automated case information portal for additional information.
CLINIC Affiliates: If you are a CLINIC Affiliate and need assistance resolving issues in a case, please contact our Training and Legal Support team by submitting a question to Ask the Experts at cliniclegal.org/find-legal-help/ask-experts. If you have exhausted your case resolution options for a pending case you can also contact our Advocacy team at email@example.com. You can also contact advocacy if you are encountering issues in your practice that are not addressed by measures taken by federal agencies.