DOJ Releases Last-Minute Flurry Of Immigration Restrictions

Law360 (November 25, 2020, 5:13 PM EST) -- The U.S. Department of Justice on Wednesday proposed regulations that would restrict when immigrants can reopen their cases in court, with mere weeks to go before the Biden administration is expected to take the reins.

Among the most significant changes, the proposals would implement standards for claiming ineffective assistance of counsel that are more stringent than some appellate courts have required; delay immigration proceedings while underlying applications are pending; and codify rules for postponing hearings.

Aaron Reichlin-Melnick, policy counsel at the American Immigration Council, told Law360 that the changes, if implemented, would "impose sweeping new barriers" to obtaining lawful presence in...

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