Legal services organizations have filed a lawsuit to block a new immigration appeals rule that they argue undermines due process and limits noncitizens’ rights to appeal decisions.
Washington, D.C., Feb. 26, 2026 — A coalition of legal services organizations, including the Amica Center for Immigrant Rights, Brooklyn Defender Services, Florence Immigrant & Refugee Rights Project, HIAS, the American Immigration Council, and the National Immigrant Justice Center, has filed a lawsuit seeking to halt the implementation of a controversial interim final rule (IFR) issued by the Executive Office for Immigration Review (EOIR). The rule, which is set to take effect on March 9, 2026, is designed to significantly alter the appellate procedures at the Board of Immigration Appeals (BIA).
The lawsuit was filed in the U.S. District Court for the District of Columbia and challenges the IFR titled “Appellate Procedures for the Board of Immigration Appeals,” which was introduced on February 6, 2026. The plaintiffs argue that the rule dismantles essential safeguards for noncitizens, effectively eliminating their right to meaningful appellate review in immigration cases.
According to the complaint, the IFR introduces several sweeping changes that would severely restrict the ability of noncitizens to appeal decisions made in their immigration cases. Key provisions of the rule include:
— Reducing the time frame for filing most appeals from 30 days to just 10 days.
— Mandating the summary dismissal of appeals unless a majority of permanent BIA members vote to accept the case for review within 10 days.
— Allowing dismissal decisions to be made before transcripts are created or records are transmitted.
— Imposing simultaneous 20-day briefing schedules, with extensions permitted only in narrow “exceptional circumstances.”
— Eliminating the option for reply briefs unless specifically invited.
— Establishing rigid case completion deadlines and concentrating decision-making authority within agency leadership.
Emilie Raber, a Senior Attorney at the Amica Center for Immigrant Rights, criticized the IFR, stating, “The BIA Interim Final Rule makes a mockery of due process. In addition to taking away virtually any benefit the BIA could provide immigrants, it will wreak havoc on people with cases in immigration court or federal appellate courts.” She emphasized that vulnerable populations, including children, detained individuals, those without legal representation, and speakers of rare languages, will be disproportionately affected by the changes.
Lucas Marquez, Director of Civil Rights & Law Reform at Brooklyn Defender Services, echoed these concerns, asserting, “The Interim Final Rule creates a barrier to appellate review in removal proceedings and strikes at the heart of due process. This rule will result in the deportation of individuals who are eligible for immigration relief—those who have valid legal claims that an immigration judge may have misjudged—simply because the Board of Immigration Appeals will no longer provide a fair avenue for reviewing their cases.”
Laura St. John, Legal Director at the Florence Immigrant & Refugee Rights Project, added, “This interim final rule completely decimates the process to appeal a case in front of the BIA. It will render the vast majority of immigrants unable to appeal their cases and will be particularly harmful to those who most need the recourse of an appeal process, including pro se litigants, vulnerable children, Indigenous language speakers, and people in immigration detention.” She highlighted the challenges faced by detained individuals in submitting a notice of appeal within the new 10-day window, warning that many could be unjustly deported to dangerous situations.
Stephen Brown, Director of Immigration Legal Services at HIAS, stated, “Our clients deserve a fair chance in the immigration court system. Without access to a meaningful appeal process, individuals who have fled persecution and violence could face dire consequences, including the risk of being sent back to unsafe environments. We are proud to join this legal challenge and to take a stand against a policy change that will have a seismic impact on the ability of legal service providers to support immigrants navigating a complex legal system.”
Lisa Koop, Director of Legal Services at the National Immigrant Justice Center, emphasized the potential human toll of the proposed changes, noting, “Curtailing due process in this manner guarantees that legal services providers like ours will be less able to help our clients defend against unjust deportation. Many individuals who would otherwise be eligible for asylum or other legal status in the United States may never have the opportunity to pursue protection under our laws.”
Skye Perryman, President and CEO of Democracy Forward, criticized the administration’s actions, stating, “The Trump-Vance administration is gaming the immigration appeals system in an unlawful effort to eliminate meaningful review and fast-track deportations. What is this administration afraid of? Why are they working so hard to deny people their rights, whether it’s due process or rights to an appeal? The cases that come before the board are often matters of life or death.” She condemned the rule’s provisions that cut appeal deadlines and dismiss cases prematurely, arguing that they deny justice to vulnerable individuals.
Michelle Lapointe, Legal Director at the American Immigration Council, warned that the changes could have severe repercussions, stating, “Immigration courts make life-and-death decisions. Stripping away the possibility to meaningfully appeal a court decision, while charging over $1,000 for the privilege, transforms the appeals process into a sham. It puts people at risk of wrongful and even lethal deportation.”
The plaintiffs argue that the IFR violates the Administrative Procedure Act, the Immigration and Nationality Act, and the Fifth Amendment, which protects individuals from deprivation of liberty without due process of law. They are seeking a preliminary injunction to prevent the rule from taking effect on March 9, 2026, and to keep it blocked while the litigation proceeds.
The case is titled Amica Center for Immigrant Rights v. EOIR.
For more information, visit the official complaint and stay motion documents.
According to American Immigration Council.