The Executive Office of Immigration Review, or EOIR, released an interim rule on Aug. 26 that moves the Office of Legal Access Program, or OLAP, into the Office of Policy, which was created in 2017 by the Trump administration. OLAP adjudicates recognition and accreditation applications, funds nonprofits to expand specific immigrant population’s access to immigration information — such as the Legal Orientation Program for adult detainees, the Legal Orientation Program for Custodians of unaccompanied minors and the National Qualified Representative Program. The programs greatly expand access to legal counsel. CLINIC believes these functions should not be managed in a policy office that can be used for political motivations. The interim rule also allows the director of EOIR to decide appeals filed at the Board of Immigration Appeals if single board member cases exceed 90 days or if three-member panel cases exceed 180 days. A director of EOIR is an office administrator and not a judge. CLINIC believes this reassignment of authority violates due process and can be negatively influenced by policy.

EOIR is seeking comments on the interim rule by Oct. 25. CLINIC is preparing its own organizational comments and is providing a template for affiliates to modify and submit to EOIR. The webinar on Oct. 3 is an opportunity for affiliate staff to hear how they can advocate on these important issues. CLINIC opposes the changes stemming from the interim rule. CLINIC believes they will have a negative effect on nonprofits seeking and maintaining recognition and accreditation and representing immigrants in removal proceedings who may have their cases singularly and arbitrarily adjudicated by the director of EOIR. Please join us on the webinar and prepare your leaders for advocacy efforts.