Kaine & Durbin Introduce Resolution to Repeal Dangerous DOJ Rule That Guts Meaningful Immigration Appeals Process

WASHINGTON, D.C. - This week, U.S. Senators Tim Kaine (D-VA) and Dick Durbin (D-IL), the Ranking Member of the Senate Judiciary Committee, introduced a Congressional Review Act (CRA) resolution to overturn an interim final rule by the Trump-Vance Administration's Department of Justice that makes major changes to the Board of Immigration Appeals (BIA) process to weaken due process and effectively eliminate meaningful immigration appeals. Asylum seekers fleeing persecution, families fighting separation, Afghan allies, and individuals with limited or no access to legal representation would be particularly affected by the rule.

The resolution is privileged-meaning any one senator can call it up for a vote-within 60 session days from when the Senate received the rule. It needs a simple majority to pass.

"Our founders etched the right to due process into our Constitution because they believed in creating a government that treats people fairly and safeguarding against tyranny," said Kaine. "The Trump-Vance Administration is so dead-set on meeting arbitrary deportation quotas that it is willing to shred that fundamental principle. But Congress has the power to stop that from happening and ensure that everyone gets their fair shake in court, including access to a meaningful appeals process to rectify legal or factual errors that could result in their deportation and separation from their loved ones. That's what this resolution is about, and we encourage all of our colleagues to put our Constitution above political convenience by voting for it."

"Although framed as an efficiency measure, this rule makes dramatic changes to the Board of Immigration Appeals within the Department of Justice, severely limiting access to appellate review and making summary dismissal the default outcome in most cases, instead of the exception," said Durbin. "I urge my colleagues to support our resolution to overturn this rule, which calls into serious question the integrity of our immigration court system and guts due process rights for immigrants."

Specifically, the rule would slash time to file an appeal from 30 days to 10 days; vastly expand the BIA's authority to summarily dismiss appeals without reviewing the cases' merits; prevent most cases from even being briefed; thereby limiting meaningful review; and leave individuals with only one remaining option for recourse-a federal court review-which will overwhelm the federal courts of appeals with unreviewed immigration cases.

Full text of the senators' resolution is available here.

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