AILA and Partners Send Letter to EOIR on Premature Decision to Resume the Non-Detained Docket

AILA, the American Immigration Council, CLINIC, HRF, NIJC, and NIPNLG sent a letter to EOIR Director McHenry in response to EOIR’s decision to resume non-detained immigration court hearings during the worldwide spread of COVID-19.

EOIR’s decision to resume non-detained hearings during this national public health emergency is premature and will not only affect the health and safety of the community, but also impact the fundamental fairness of immigration court proceedings.

We ask that EOIR issue a new policy memorandum to incorporate the following recommendations:

1. The overwhelming majority of non-detained hearings should be postponed for the duration of the national public health emergency.
2. As soon as EOIR resumes the adjudication of non-detained cases, EOIR should invoke a moratorium on the issuance of in absentia orders for pro se and represented respondents.
3. EOIR must engage in ongoing and open communication with stakeholders and the public regarding EOIR's procedures and decisions in order to make informed decisions that will mitigate harm and uphold due process.

Please circulate this letter widely and share on social media. Here is a link to AILA National’s tweet about the letter.

Related Resources

• EOIR PM 20-13: EOIR Updates Guidance on Immigration Court Practices During the COVID-19 Pandemic (6/11/2020)
• AILA DOJ/EOIR Correspondence and Advocacy Resources During COVID-19
• Resource Center: 2019 Novel Coronavirus (COVID-19)