Update on DOJ R&A Issues

Last Updated

June 1, 2022

CLINIC and its advocacy partners regularly communicate with DOJ and, Office of Legal Access Programs, or OLAP leaders to discuss our advocacy concerns for the Recognition and Accreditation program, especially the severe, ongoing application backlog that is having a detrimental effect on our ability to maintain and expand capacity for legal services nationwide.

Below are Some Recent Updates:

  • To address the severe backlog, the Executive Office for Immigration Review, or EOIR, needs additional money from Congress. Our advocacy partners are engaging in efforts to get congressional support for funding OLAP. In the meantime, EOIR may be able to reallocate existing staff to OLAP to aid in application processing.
  • CLINIC and our advocacy partners are asking OLAP to prioritize adjudication of new R&A applications over renewals, as those with renewals can continue to practice while their case is pending.
  • OLAP is not currently accepting requests to expedite applications. CLINIC and its partners are continuing to advocate this point.
  • CLINIC and our advocacy partners have expressed our opposition to mandatory background checks to program leadership, as they are not supported by the regulations, and they exacerbate the backlogs. Agency leadership is not currently planning to repeal its uniform background check policy, but it is exploring options to make checks faster and more efficient.
  • OLAP is planning to publish guidelines for annual continuing training requirements (like continuing legal education requirements for attorneys in most states) in the next month. CLINIC and our advocacy partners have argued that a continuing training requirement runs counter to the regulations and would require a regulatory change with notice and comment. We are advocating that the public have an opportunity to weigh in on the proposed changes before they go into effect.
  • There is a proposed regulation that would move OLAP out of the Office of Policy. CLINIC and our advocacy partners have expressed support for OLAP to be moved back into the EOIR Director’s Office. We do not have any updates about the timing of this regulatory change.

What Can You Do if Your Application is Stuck in the Backlog?

  • Recently, we have seen processing times of about 10 months for accreditation and one year or more for recognition applications. If your application has been pending for more than six months, send an email to R-A-Info@usdoj.gov to check the status.
  • Make sure OLAP has up-to-date information on your organization’s Authorized Officer (name and email) so you can respond promptly to any OLAP requests regarding your application. The OLAP adjudicator will send any requests to the Authorized Officer via email. If your Authorized Officer has changed since filing your application, send an email to R-A-Info@usdoj.gov to provide updated contact information as soon as possible.
  • OLAP has been asking for updated information once they begin reviewing long-pending applications. Be sure to take ongoing immigration law trainings so you can provide an updated list of trainings completed while your application was pending. For recognition renewals, be prepared to provide an updated program budget, annual summary and/or technical legal support letter.
  • We have asked OLAP to prioritize new R&A applications over renewals. Note that if you have filed your renewal application in a timely manner (on or before your expiration date), your status remains valid while the application is pending.
  • Please reach out to your Field Support Coordinator with any questions.