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This rule amends Department of Justice regulations addressing the assistance of individuals with the writing or filing of documents in proceedings before the Executive Office for Immigration Review. The rule also proposes to make minor technical revisions and to amend outdated references to the former Immigration and Naturalization Service.

Statement of Need:

This rule would establish procedures for practitioners to provide individual document assistance without triggering the full obligations required of practitioners engaging in full representation of a noncitizen in EOIR proceedings.

Summary of the Legal Basis:

The Attorney General has general authority under 8 U.S.C. 1103(g) to establish regulations related to the immigration and naturalization of noncitizens. Thus, this proposed rule utilizes such authority to propose revisions to the regulations regarding the procedures for practitioners to assist noncitizens in removal proceedings.

Alternatives:

There are no feasible alternatives that will make the necessary changes to the representation requirement.

Anticipated Costs and Benefits:

EOIR expects the costs resulting from this rule to be de minimis, as it does not impose new or additional costs on EOIR, practitioners, or noncitizens. Additionally, the number of practitioners impacted by this rule would be insignificant because most practitioners do not solely provide preparation of a filing and are already required to file a Notice of Entry of Appearance as an Attorney or Representative with EOIR.

Risks:

Without this rulemaking, noncitizens may be at risk of being defrauded by unqualified individuals offering assistance with immigration documents. Additionally, without assistance from a practitioner, noncitizens may be at risk of failing to obtain benefits for which they are otherwise eligible.