The Department of Justice’s Executive Office for Immigration Review (EOIR) adopted as final the provisions of an interim rule published in August 2019, with additional amendments. The reorganization includes the establishment of EOIR’s Office of Policy in 2017 and clarification of the EOIR Director’s authority to adjudicate cases. The final rule took effect November 3, 2020.
The new amendments include:
- Restricting the authority of the EOIR Director regarding the further delegation of certain regulatory authorities
- Clarifying that the Director interprets relevant regulatory provisions when adjudicating “recognition and accreditation” cases
- Reiterating the independent judgment and discretion by which the EOIR Director will consider cases subject to the Director’s adjudication