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    Important Information and Resources Related to COVID-19 Pandemic

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    3. EOIR Fee Schedule Increases

    EOIR Fee Schedule Increases: How to Take Action in Opposition to Proposed Changes Ahead

    The Department of Justice’s Executive Office for Immigration Review, or EOIR, published a notice of proposed rulemaking, or NRPM, that outlines its plan to significantly increase fees associated with filings for appeals to the Board of Immigration Appeals, or BIA, applications for suspension of deportation or cancellation of removal, and motions to reopen or reconsider before the immigration courts or the BIA.

    The NPRM includes information about the EOIR's first fee study and fee increases in over three decades. The proposed fee increases range from $35 to $865 — the greatest increase is nearly 800 percent. All of the fee increases raise serious due process concerns.

    The proposed fee increases, without assurances of a generous fee waiver adjudications process, amount to an insurmountable barrier for non-citizens to merely access the appeals process. CLINIC encourages all of our affiliates and partners to submit a comment opposing these fee increases. On this page, you can find a summary of the proposed rule as well as information on how you can stand with immigrants and their families by opposing EOIR’s proposed fee rule.

    Please note that these are proposed changes at this time; the increased fees are not yet in effect. EOIR has opened a 30-day public commenting period ending on March 30, 2020.

    Summary of rule:

    The DOJ Executive Office for Immigration Review, or EOIR, has published a proposed rule that would increase the fees for EOIR applications, appeals and motions. The fee increases would be as follows:

    Application or Motion Current Fee Proposed Fee

    Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge

    $110

    $975

    Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer

    $110

    $705

    Form EOIR-40, Application for Suspension of Deportation

    $100

    $305

    Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents

    $100

    $305

    Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents

    $100

    $360

    Motion to Reopen with the Office of the Chief Immigration Judge

    $110

    $145

    Motion to Reopen before the Board of Immigration Appeals

    $110

    $895

    Form EOIR-45, Notice of Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case

    $110

    $675

     

    Resources:

    • Defend Due Process for Immigrants
    • Defend Immigrants by Taking Part in the Federal Rulemaking Process
    • Step-by-Step Instructions: How to Submit a Public Comment
    • Resources on Protecting Your Community
    • EOIR Fee Study Template Comment - Instructions

    Outreach to the Administration

    • 90+ Organizations Join in Requesting 60-Day Comment Period to Respond to EOIR Fee Increases
    • CLINIC Leads Over 100 Organizations in Calling on EOIR to Freeze its Fee Rule Proposal During the COVID-19 Emergency
    • CLINIC Submits Comments in Opposition to Proposed EOIR Fee Rule, Urges the Justice Department to Rescind

    Promoting the Dignity of Immigrants with Affordable Legal Expertise

    As it has for more than 30 years, CLINIC will fight for the rights of immigrants. CLINIC trains legal representatives who provide high-quality and affordable immigration legal services. We develop and sustain a network of nonprofit programs that serve close to 500,000 immigrants every year. We cultivate projects that support and defend vulnerable immigrant populations by:

    • providing direct representation for asylum seekers at the U.S.-Mexico border and educating them about their rights; 
    • reuniting formerly separated families;
    • increasing legal representation for those in removal proceedings and in detention;
    • providing public education on immigration law and policies; and
    • advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people.  

    History has taught us that people who step up can make a difference. We hope you will join us.

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    About the Catholic Legal Immigration Network, Inc.

    Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. Questions and inquiries can be sent to national@cliniclegal.org.

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