Biden administration withdraws two immigration rule proposals from Trump 1.0 era
Department of Justice (DOJ) has officially withdrawn two proposed rules related to immigration proceedings, signaling a shift in policy priorities under the Biden administration. These rules, originally introduced during the Trump administration in November 2020, were intended to address motions to reopen and reconsider cases, the «departure bar,» and standards for granting continuances in immigration proceedings.
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The notice of withdrawal, published on December 31, 2024, applies to the rules titled «Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal» and «Good Cause for a Continuance in Immigration Proceedings.» The Executive Office for Immigration Review (EOIR) explained that this decision reflects ongoing assessments of agency objectives and stakeholder feedback.
What were the rules about?
The 2020 proposals aimed to tighten procedures for reopening immigration cases and dealing with claims of ineffective assistance by lawyers. Key points included:
- Proving Lawyer Mistakes Affected the Case: Immigrants claiming poor legal representation would have needed to show that their lawyer’s actions directly harmed their case and that a better outcome was likely without the errors.
- Reasonable Lawyer Decisions: Decisions made by lawyers that seemed reasonable at the time couldn’t be labeled as mistakes, even if they didn’t work out later.
- Filing Complaints Against Lawyers: Immigrants making claims of poor legal representation would have been required to file formal complaints against their
