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DOJ/EOIR RIN: 1125-AA83 Publication ID: Fall 2021 
Title: Professional Conduct for Practitioners--Rules and Procedures, and Representation and Appearances 
Abstract:

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 The rule also proposes to make minor technical revisions and to amend outdated references to the former Immigration and Naturalization Service.

 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1003   
Legal Authority: 8 U.S.C. 1103    8 U.S.C. 1326   
Legal Deadline:  None

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.

Timetable:
Action Date FR Cite
ANPRM  03/27/2019  84 FR 11446   
ANPRM Comment Period End  04/26/2019 
NPRM  09/30/2020  85 FR 61640   
NPRM Comment Period End  10/30/2020 
Final Action  11/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Lauren Alder Reid
Assistant Director, Office of Policy, Executive Office for Immigration Review
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1800,
Falls Church, VA 22041
Phone:703 305-0289
Email: pao.eoir@usdoj.gov