Resources on DOJ Recognition and Accreditation

For general information on recognition and accreditation, visit our issue page.

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This practice pointer addresses the assistance that partially accredited representatives can provide to noncitizens in removal proceedings under the federal immigration regulations.

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The most significant changes to EOIR Form 31 (Application for Recognition) are a requirement to disclose previous organizations in which the authorized officer submitted applications for recognition, a request for proof of non-profit status granted by the appropriate state agency, and a request to include additional details and documentation when requesting an extension location.

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A simple overview of the purpose, requirements, and benefits of the DOJ R&A program. Also includes answers to many frequently asked questions about DOJ Recognition and Accreditation.

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On Oct. 13, 2022, over 65 CLINIC affiliate organizations from across the country came together to submit comments opposing proposed changes to Forms EOIR 31 and 31A. The proposed changes would require Recognition and Accreditation applicants to submit significantly more evidence than required previously, as well as adding additional questions to collect information that are not required by regulations governing the Recognition and Accreditation program.

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The Biden Administration and the Department of Justice, or DOJ, have a program at their fingertips called the Recognition and Accreditation Program, or R&A Program, that has operated since the 1950s to increase the number of qualified immigration legal representatives available to serve low-income immigrants. However, the program is currently severely underfunded and under-resourced, bringing the credentialing of new legal representatives to a virtual standstill.

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This article introduces key takeaways from CLINIC’s resource summarizing information obtained through two Freedom of Information Act requests and highlights some of the work CLINIC does to support the Department of Justice Executive Office for Immigration Review Recognition and Accreditation Program

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The Department of Justice Executive Office for Immigration Review, or EOIR, Recognition and Accreditation Program provides federally tax-exempt non-profit entities in the United States permission to practice immigration law through non-attorneys.

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The Department of Justice published two notices in the Federal Register on July 13, 2020, re-opening for public comment the revised versions of forms EOIR-31 and EOIR-31A, which are used to apply for recognition of non-profit organizations and accreditation of non-attorney representatives. Public comments are due by Sept. 11, 2020. This resource contains links to the Federal Register announcements and the revised forms for comment.

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CLINIC submitted comments in response and opposition to the Justice Department's Information Collection published on July 13, 2020, revising Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization, and Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative.

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The Recognition & Accreditation, or R&A, program governs how nonprofit organizations provide charitable immigration legal services. Nonprofits that meet certain requirements apply for recognition, and non-attorney staff members may apply for accreditation after completing rigorous training focused on immigration law. Accredited individuals can help clients with immigration matters before government agencies, including U.S. Citizenship and Immigration Services and the asylum office. Certain accredited representatives may represent clients in immigration court.

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On May 19, 2020, the Catholic Legal Immigration Network, Inc. and World Relief submitted a letter to the Executive Office for Immigration Review, or EOIR, requesting rescission of the new versions of Forms EOIR-31 and EOIR-31A for the Department of Justice Recognition and Accreditation Program.

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The Justice Department put in place an interim rule on Aug. 26 that threatens the Recognition and Accreditation Program. This collection of stories illustrates why this vital program must be protected.

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What is an accredited representative? An accredited representative is a non-attorney who has demonstrated to the Department of Justice that they have enough education and experience in immigration law to provide immigration legal services. The purpose of the program is to improve access to justice by increasing the number of representatives serving low-income immigrants. Accredited representatives must work for a non-profit organization providing immigration legal services to low-income clients.