On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs.
Much of the impact will be from the way the regulation redefines key terms:
First, by broadening the scope of legal “practice,” the proposed rule would require non-representative providers to reduce the scope of the orientation services they currently offer to pro se respondents across the country so as to not provide “representation.” This would further eviscerate procedural protections for pro se individuals in removal proceedings, making it more difficult for due process to be upheld when indigent respondents are facing government counsel before an adjudicator. Further, the corresponding limited definition of “preparation” will lead to increased inefficiencies in the immigration court process as pro se respondents are generally less equipped to navigate the complex rules and procedures of the immigration court system without access to the educational resources and individualized information that programs are currently allowed to provide within the scope of orientation services.