Last Updated November 12, 2021
Executive Orders and Agency Statements
November 5, 2021
- DOJ, EOIR Guidelines for Encouraging and Facilitating Pro Bono Legal Services (Nov. 5, 2021)
October 27, 2021
- DHS Guidelines for Enforcement Actions in or Near Protected Areas (Oct. 27, 2021)
September 30, 2021
- DHS Guidelines for the Enforcement of Civil Immigration Law (Sept. 30, 2021)
May 27, 2021
- DHS/ICE Memorandum, "Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities," (May. 27, 2021) (Renewed Prosecutorial Discretion)
April 2, 2021
- DHS/ICE Guidance Memorandum, "Revised Case Flow Processing Before the Immigration Courts," (Apr. 2, 2021) (revising "McHenry Case Flow Memo")
February 18, 2021
- DHS/ICE Guidance Memorandum, “Interim Guidance: Civil Immigration Enforcement and Removal Priorities,” (Feb. 18, 2021)
February 11, 2021
- DHS Press Release, “DHS Announces Process to Address Individuals in Mexico with Active MPP Cases,” (Feb. 11, 2021)
February 2, 2021
- Executive Order, “Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border,” (Feb. 2, 2021)
- Executive Order, “Executive Order on the Establishment of Interagency Task Force on the Reunification of Families,” (Feb. 2, 2021)
- Executive Order, “Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” (Feb. 2, 2021)
January 20, 2021
- Executive Order, “Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities,” (Jan. 20, 2021)
- DHS Memorandum (“Pekoske Interim Memo”), “Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities,” (January 20, 2021) -> partially enjoined in Texas v. U.S., 6:21-cv-0003 (S.D. Tex.)
- DHS Press Release, “DHS Statement on Suspension of New Enrollments in the Migrant Protection Protocols Program,” (Jan. 20, 2021)
Before Biden Administration
- DOJ Memorandum, (“McHenry Case Flow Memo”) “Enhanced Case Flow Processing in Removal Proceedings,” (Dec. 1, 2020)
TO WATCH: List of Trump Era Agency Final Rules & Decisions in Effect
- “Asylum Transit Ban” - Asylum Eligibility and Procedural Modifications, 85 FR 82260 -> enjoined in E. Bay Sanctuary Covenant v. Barr, Case No. 4:19-cv-04073 (N.D. Cal. 2019) (Order Granting Prelim. Inj., ECF No. 138) (Feb. 16, 2021).
- “Death to Asylum Rule” - Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, 85 FR 80274 -> enjoined in Pangea Legal Services II v. Barr, Case No. 20-cv-09253 (N.D. Cal.)
- “15-day Filing for Asylum Rule” - Procedures for Asylum and Withholding of Removal, 85 FR 81698 -> enjoined in NIJC v. EOIR, Case No. 21-0056 (D.D.C.) (brief order)
- “EOIR Filing Fees Rule” - Executive Office for Immigration Review; Fee Review, 85 FR 82750 -> mostly enjoined in CLINIC v. EOIR, Case No. 20-cv-03812 (D.D.C.)
- “USCIS Filing Fees Rule” - U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 85 FR 46788 -> superseded by 86 FR 7493
- “Criminal Bars to Asylum Rule” - Procedures for Asylum and Bars to Asylum Eligibility, 85 FR 67202 -> enjoined in Pangea Legal Services v. DHS, Case No. 20-cv-07721 (N.D. Cal)
- “BIA Appeals and Motions to Reopen Rule” - Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, 85 FR 81588 -> enjoined in Centro Legal de La Raza v. EOIR, Case No. 3:21-cv-00463 (N.D.Cal).
Attorney General Decisions
Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021), Vacates Matter of A-B- [I], 27 I&N Dec. 316 (A.G. 2018) and Matter of A-B- [II], 28 I&N Dec. 199 (A.G. 2021), in their entirety
Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021), Vacates Matter of L-E-A- (II), 27 I&N Dec. 581 (A.G. 2019), in its entirety
Matter of A-B- [I], 27 I&N Dec. 316 (A.G. 2018)
Matter of A-B- [II], 28 I&N Dec. 199 (A.G. 2021)
Matter of L-E-A- (II), 27 I&N Dec. 581 (A.G. 2019), overruling in part Matter of L-E-A- (I), 27 I&N Dec. 40 (A.G. 2017)
