Thread by @ReichlinMelnick

New! @DOJ_EOIR is *finally* moving forward with its long-planned deployment of electronic filing at the immigration courts, through a new Notice of Proposed Rulemaking that may hopefully bring the agency into the 21st century.

Digging into it now.

federalregister.gov/public-inspect…

In the new Notice of Proposed Rulemaking, EOIR is proposing to expand its e-filing pilot program (ECAS) to all immigration courts nationwide.

ECAS post-dates my time in immigration court so I'll defer to others on how well that system has worked so far.

EOIR proposes that all new cases in immigration courts which implement the new e-filing programs would get an "electronic Record of Proceedings" rather than a paper file.

BUT—this would only apply to NEW cases. The current 1.25 million cases would not be converted to electronic.

Once the new electronic filing system is in place at a court, all attorneys (including DHS) will be required to file documents electronically, with limited exceptions allowing judges to accept some documents in open court.

BIA-accredited reps will have to opt-in to e-filing.

Under the proposal, law students and law grads who practice in immigration court would be required to file all documents through their attorney supervisor's account, and additionally mandate for the first time that the supervisor enter an appearance and appear for all hearings.

Importantly, the new regulation would provide that service is automatically completed if both parties are enrolled in the e-filing system.

That would mean no need to independently confirm proof of service in most cases—it would be automatically done by an electronic filing.

Similarly, the regulations would be updated to allow EOIR to serve documents electronically, with the requirement of course that parties maintain an active email address. That means hearing notices, orders, and decisions would be filed electronically — like in most other courts.

EOIR would also permit the use of electronic signatures on filing, and requests comment on the form of that.

Sadly, EOIR would NOT expand the program where the BIA accepts payment for appeals electronically. You would still have to pay for applications with USCIS, but now you could scan the fee receipt and file that electronically.

Anyway, this looks like a welcome step towards @DOJ_EOIR moving into the 21st century. Electronic case filing, and the ability to review a file without having to go to the court in person, is desperately needed! But unfortunately, the proposal would only apply to new cases.