Aaron Reichlin-Melnick Profile picture
Senior Fellow @immcouncil. Tweeting on immigration policy and data. Formerly immigration lawyer with @IJCorps. Views my own, retweets =/= endorsements.

Feb 5, 5 tweets

🚨HOLY CRAP. The Trump admin just took a SLEDGEHAMMER to due process, largely eliminating the Board of Immigration Appeals process and MANDATING DISMISSAL of ALL appeals (which cost $1,000 thanks to OBBBA) filed after March 9 unless a majority of the BIA votes to hear the case.

The Trump admin is ALSO changing the rules so that rather than 30 days to file a Notice of Appeal, people will now only have 10 days in most cases.

That's just 10 days to find $1,000 and appellate counsel for an appeal the government says it will likely automatically deny!

The goal is clear; mass deportations over due process. An order of removal does not become "final" until the Board of Immigration Appeals denies an appeal. After that, ICE can deport the person unless they file ANOTHER appeal to a federal circuit court AND get an emergency stay.

The appeal to the federal circuit court ALSO costs $600. So now anyone who loses in immigration has to pay $1,000 to be automatically denied in nearly every case, and then $600 to seek an emergency stay of their imminent deportation.

AND THIS APPLIES EVEN TO PEOPLE IN DETENTION.

More to come on this; the rule makes a number of other changes to the Board of Immigration Appeals process (such that it will exist should this rule go into effect in 30 days without a court order blocking it). But the top line is that it's quite bad! public-inspection.federalregister.gov/2026-02326.pdf

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