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AILA Doc. No. 20030201 | Dated May 25, 2021
The COVID situation is constantly changing and the information provided below could be outdated. AILA recommends that individuals consult with an attorney for further information and guidance.
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AILA has created a separate page to track updates regarding EOIR’s operational status during the coronavirus pandemic. For additional resources, see EOIR’s webpage, EOIR's Twitter account @DOJ_EOIR, and EOIR's Facebook page. Also see EOIR’s Policy Memo 20-13: EOIR Practices Related to the COVID-19 Outbreak (6/11/2020) and information about filing by email with Immigration Courts and with the Board of Immigration Appeals.
Track EOIR's Operational Status
Date | Announcement |
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May 17, 2021 | EOIR to Resume Hearings in Non-Detained Cases in Certain Immigration Courts |
December 23, 2020 | USCIS and EOIR Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal |
October 14, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Imperial and Miami Immigration Courts |
October 9, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Seattle Immigration Court |
October 9, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Atlanta Immigration Courts |
September 30, 2020 | EOIR Resumes Hearings in Non-Detained Cases at Certain Arizona and California Immigration Courts |
September 22, 2020 | EOIR Resumes Hearings in Non-Detained Cases at the Los Angeles Immigration Courts |
September 16, 2020 | EOIR Resumes Hearings in Non-Detained Cases at the Charlotte, Denver, and Orlando Immigration Courts |
September 2, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Salt Lake City Immigration Court |
August 7, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Omaha Immigration Court |
July 17, 2020 | DHS/DOJ Announce Plan to Restart MPP Hearings “As Expeditiously As Possible” |
July 16, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Arlington Immigration Court |
July 8, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Baltimore, Detroit, and Newark Immigration Courts |
July 1, 2020 | EOIR to Resume Hearings in Non-Detained Cases at the Chicago, Cleveland, Philadelphia, and Saipan Immigration Courts |
June 24, 2020 | EOIR to Resume Hearings in Non-Detained Cases at Some Immigration Courts |
June 22, 2020 | EOIR posted the following update on Twitter on June 22, 2020, at 2:09 am (ET): “As previously announced, certain immigration courts have resumed non-detained hearings. Hearings in non-detained cases at courts without an announced date are postponed through, and including, July 10, 2020.” EOIR then replied to this Tweet with the following: “Visit EOIR’s web page for the latest operational status of courts nationwide. For case specific information, please have the relevant alien registration number and call 800-898-7180 or visit our website. https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN.” |
June 16, 2020 | DHS and EOIR Postpone MPP Hearings Scheduled Through July 17, 2020 |
June 11, 2020 | EOIR To Resume Hearings in Non-Detained Cases at the Honolulu Immigration Court |
June 11, 2020 | EOIR Updates Guidance on Immigration Court Practices During the COVID-19 Pandemic |
May 18, 2020 | DOJ Issues Memo with Framework for Returning to Normal Operations After COVID-19 |
May 15, 2020 | EOIR announced via Twitter on May 15, 2020, at 1:30 pm (ET), that “All hearings in non-detained cases are postponed through, and including, Friday June 12, 2020. Visit EOIR’s website for the latest operational status of courts nationwide." In the tweet, EOIR linked to its page, EOIR Operational Status During Coronavirus Pandemic. EOIR sent this update via email on May 15, 2020, at 1:13 pm (ET). |
May 10, 2020 | DHS and EOIR issued a joint statement noting the following adjustments to the temporary postponement of Migrant Protection Protocols (MPP) hearings:
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May 4, 2020 | EOIR announced via Twitter on May 4, 2020, at 2:23 pm (ET) that “Hearings in non-detained cases are postponed through May 29, 2020. For the operational status of EOIR operations nationwide, please visit the EOIR website.” In the tweet, EOIR linked to its page, EOIR Operational Status During Coronavirus Pandemic. EOIR sent this update via email on May 4, 2020 at 2:22pm (ET). |
April 30, 2020 | Joint DHS/EOIR Statement on MPP Rescheduling
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April 28, 2020 | The National Association of Immigration Judges (NAIJ) announced via Twitter on April 28, 2020, that “NAIJ has learned that MPP dockets will be suspended until at least May 15, 2020. No public announcement by EOIR.” |
April 21, 2020 | EOIR announced via Twitter on April 21, 2020, at 8:30 am (ET) that "Hearings in non-detained cases are postponed through May 15, 2020." EOIR also sent this update via email on April 21, 2020, at 8:31 am (ET). |
April 9, 2020 | EOIR announced via Twitter on April 9, 2020, at 2:31 pm (ET) that “The Office of the Chief Administrative Hearing Officer is now accepting filing of new complaints by email. For guidelines and more information, please see EOIR’s website.” EOIR also linked to a new page, Filing by Email – Office of the Chief Administrative Hearing Officer in the Tweet. EOIR also sent this update via email on April 9, 2020, at 2:31 pm (ET). |
April 7, 2020 | EOIR: The BIA is now accepting certain filings by email. For guidelines and more information, please visit EOIR’s website announced via Twitter on April 7, 2020, at 12:02 pm (ET) that “The BIA is now accepting certain filings by email. For guidelines and more information, please visit EOIR’s website.” EOIR also linked to a new page, Filing by Email – Board of Immigration Appeals in the Tweet. EOIR also sent this update via email on April 7, 2020, at 12:01 pm (ET). |
April 3, 2020 | EOIR published a new policy memo on April 3, 2020, PM 20-11, containing updated policies for signatures on documents filed with the immigration courts and the Board of Immigration Appeals. |
April 1, 2020 | EOIR announced via Twitter on April 1, 2020, at 11:01 am (ET) that “Due to the pandemic and new CDC guidelines, MPP hearings scheduled through May 1, 2020, have been postponed. Individuals should present themselves on previously scheduled date to receive tear sheets and hearing notices with new hearing dates.” EOIR also linked to EOIR’s Operational Status page in the Tweet. |
April 1, 2020 | DHS and EOIR Postpone MPP Hearings Scheduled Through May 1, 2020
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March 31, 2020 |
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March 30, 2020 | EOIR announced via Twitter on March 30, 2020, at 7:36 pm (ET) that “Hearings in non-detained cases are postponed through May 1, 2020." The Tweet linked to EOIR’s operational page. EOIR also sent this update via email on March 30, 2020 at 7:35 pm (ET). |
March 26, 2020 | EOIR Email Sent to Stakeholders Announcing New Listserv and the Latest Information on Current EOIR Operations (Sent on March 26, 2020, at 9:15 pm (ET)) |
March 26, 2020 | EOIR Statement on Current Operations (Sent on March 26, 2020 at 9:10pm ET) |
March 23, 2020 | Joint DHS/EOIR Statement on MPP Rescheduling: Due to circumstances resulting from COVID-19, all Migrant Protection Protocol (MPP) master calendar and merit hearings presently scheduled through April 22 will be rescheduled. Neither the MPP program nor any hearings will be cancelled. Any individual with an MPP hearing date through April 22 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates. DHS and EOIR are deeply committed to ensuring that individuals ‘have their day in court’ while also ensuring the health and safety of aliens, our frontline officers, immigration court professionals, and our citizens. |
March 23, 2020 | San Diego Tribune reporter Kate Morrissey shared that CBP San Diego stated on a press call that there is a 48 hour suspension of MPP returnees crossing for court hearings that started the morning of March 23, 2020. |
March 22, 2020 | At 6:20 pm (ET), ICE communicated to AILA that, generally, only those conducting in-person contact visits need personal protective equipment (PPE) (UNLESS a particular facility has more restrictive rules), but that AILA members should still check with the facility on their individual policy. |
March 21, 2020 | ICE added language to its COVID-19 guidance stating that “ICE/ERO now requires all legal visitors, CODELs, and STAFFDELs to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) while visiting any detention facility.” Local ICE offices have reached out to some chapters directly with similar guidance and have stated that visitors will have to provide the PPE themselves. It appears that this requirement will apply to courts operated by DHS and located in detention centers. There is no indication at this time that this requirement would apply to courts operated by EOIR and outside of detention centers. |
March 20, 2020 | EOIR Defers All Non-Detained Cases Until April 10, 2020, Due to COVID-19 |
March 19, 2020 | The National Association of Immigration Judges (NAIJ) shared a letter from EOIR on Twitter that provided the following guidance:
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March 18, 2020 | EOIR issued a memo (PM-20-10, Immigration Court Practices During the Declared National Emergency Concerning the COVID-19 Outbreak) with guidance on immigration court practices during the COVID-19 outbreak, including a note that effective 3/18/20, EOIR deferred hearings for all non-detained cases until 4/10/20. On March 19, 2020, EOIR issued an addendum to PM-2010. |
March 18, 2020 | EOIR announced via Twitter on March 18, 2020, at 4:42 pm (ET) that “Emergency filing locations for the closed immigration courts are for emergencies only. Filings due during the closures will be considered timely filed if received on the courts next business day. Deadlines for open courts remain.” |
March 17, 2020 | EOIR announced via Twitter on March 17, 2020, at 11:55 pm (ET) that “Effective March 18 all non-detained hearings postponed: these immigration courts closed: ATL Peachtree, Charlotte; HOU Gessner; Louisville; Memphis; NYC, Broadway & Fed Plaza; Newark; Sacramento; LOS – Olive. Check website for updates.” Also see EOIR issued a statement released on March 18, 2020, at 12:30 am (ET). |
March 17, 2020 | EOIR announced via Twitter on March 17, 2020, at 11:52 pm (ET) that “The case info hotline and online application may not be updated for cases postponed due to operational changes during the pandemic. Information will be updated upon issuance of a new hearing notice. Court documents remain the official source of info.” |
March 15, 2020 | EOIR announced via Twitter on March 15, 2020, at 10:49 pm (ET) that “all non-detained aliens' master calendar hearings scheduled 03/16-04/10 are postponed. Usual operations for filings except Seattle. All other hearings proceeding.”
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March 13, 2020 | Yahoo News reporter Caitlin Dickson shared a statement from an EOIR spokesperson on EOIR’s response to COVID-19.
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March 13, 2020 | EOIR released a statement announcing that the Seattle Immigration Court is closed through April 10, 2020. The following courts will remain open, but postpone non-detained master calendar hearings: Boston, Los Angeles (North Los Angeles, Olive, Van Nuys), Newark, New York City (Broadway; Federal Plaza; Varick), Sacramento, and San Francisco. |
March 12, 2020 | EOIR Director James McHenry sent AILA's EOIR Liaison Committee the following statement:
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Date | Announcement |
---|---|
August 28, 2020 | HHS Request for Comments on Continued Use of COVID-19 Risk Questionnaire for Staff and Visitors at UAC Programs (85 FR 53381, 8/28/20) |
March 24, 2020 | HHS Request for Comments on COVID-19 Risk Questionnaire for Staff and Visitors at UAC Programs (85 FR 16636, 3/24/20) |
March 24, 2020 | HHS Interim Final Rule Allowing CDC to Suspend Introduction of Persons from Designated Countries or Places (85 FR 16559, 3/24/20) |
March 9, 2020 | CQ Roll Call’s Tanvi Misra received a response from the Department of Health and Human Services (HHS) on how it is approaching potential COVID-19 cases among children in its custody.
|
Date | Announcement |
---|---|
April 26, 2021 | ICE Continues March 2020 Guidance for Nonimmigrant Students for 2021-22 Academic Year |
April 26, 2021 | ICE Issues an FAQ for SEVP Stakeholders Regarding COVID-19 |
July 7, 2020 | ICE Issues FAQs for SEVP Stakeholders About Guidance for Fall 2020 Semester |
July 6, 2020 | SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses |
May 19, 2020 | Citing COVID-19, USBP and ICE Ramp Up Repatriation Flights to Mexico |
May 6, 2020 | ICE updated its guidance on its response to the pandemic, adding information on the number of individuals who have been released as a result of judicial orders. ICE confirmed that, as of 5/5/20, 674 detainees, 39 detention facility personnel, and 102 ICE employees have tested positive for COVID-19. |
April 10, 2020 | ICE ERO Releases COVID-19 Pandemic Response Requirements for ICE Detention Facilities |
March 26, 2020 | SEVP Provides Guidance on New Electronic Form I-20 Issuance During COVID-19 Outbreak |
March 24, 2020 | SEVP Issues Broadcast Message on COVID-19 News and Updates |
March 24, 2020 | A 31-year-old Mexican national in ICE custody at the Bergen County Jail in Hackensack, New Jersey, has tested positive for COVID-19. |
March 22, 2020 | At 6:20 pm (ET), ICE communicated to AILA that, generally, only those conducting in-person contact visits need personal protective equipment (PPE) (UNLESS a particular facility has more restrictive rules), but that AILA members should still check with the facility on their individual policy. |
March 21, 2020 | ICE added language to its COVID-19 guidance stating that “ICE/ERO now requires all legal visitors, CODELs, and STAFFDELs to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) while visiting any detention facility.” Local ICE offices have reached out to some chapters directly with similar guidance and have stated that visitors will have to provide the PPE themselves. It appears that this requirement will apply to courts operated by DHS and located in detention centers. There is no indication at this time that this requirement would apply to courts operated by EOIR and outside of detention centers. |
March 18, 2020 | ICE issued guidance on how it is handling COVID-19. ICE will temporarily adjust its enforcement posture beginning March 18, 2020. with ERO focused on enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds. For those individuals who do not fall into those categories, ERO will exercise discretion to delay enforcement actions until after the crisis or utilize alternatives to detention, as appropriate. ICE notes that, "Consistent with its sensitive locations policy, during the COVID-19 crisis, ICE will not carry out enforcement operations at or near health care facilities, such as hospitals, doctors' offices, accredited health clinics, and emergent or urgent care facilities, except in the most extraordinary of circumstances. Individuals should not avoid seeking medical care because they fear civil immigration enforcement." ICE notes that as of 3/17/20, there are no confirmed cases of COVID-19 in ICE detention facilities and is screening new detainees. ICE has temporarily suspended social visitation but non-contact legal visitations will continue to be permitted. |
March 16, 2020 | AILA’s Local ICE Liaisons received a notice that all ICE check-in appointments in Atlanta are postponed until the week of April 13, 2020. If you are scheduled to report between now and then, please wait and report to ICE between April 14 – 16, 2020. Note: As of now that guidance is only for the people that are handed the actual slip of paper. |
March 16, 2020 | A representative from AILA’s Ohio Chapter received a notice that the ICE-ERO Ohio office is “ceasing all office check ins.” |
March 13, 2020 | ICE Releases COVID-19 Guidance for SEVP Stakeholders |
March 13, 2020 | BuzzFeed News reporter Hamed Aleaziz shared the news that ICE is suspending "social visitation" at all of its detention facilities across the US to prevent any transmission of coronavirus. Legal visits will still be allowed. |
March 13, 2020 | ICE issued a statement on its response to COVID-19. Statement includes an announcement that ICE is “temporarily suspending social visitation in all detention facilities.” |
March 12, 2020 | Officials at the Prairieland Detention Center in Alvarado, Texas, are allowing visiting hours for attorneys in "non-contact visiting areas" only. Attorneys will be able to visit their clients M-F from 8:00 am-10:15 am and from 6:00 pm until the last request. The non-contact visiting rooms are typical of visiting rooms in a county jail (thick glass between attorney and client). Officers can take documents back and forth from attorney to client. (Courtesy Michelle L. Saenz-Rodriguez) |
March 12, 2020 | Student and Exchange Visitor Program (SEVP) provided NAFSA with the following statement: “SEVP is committed to remaining flexible in allowing schools to make temporary procedural adaptations so nonimmigrant students can continue to make normal forward progress in their program of study. They can temporarily engage in distance-learning, either from within the U.S. or outside the country, in light of COVID-19. SEVP will provide updated guidance as the scope and length of this situation becomes more clear.” |
March 10, 2020 | CQ Roll Call’s Tanvi Misra received a response from ICE on how it is approaching potential COVID-19 threat in its detention centers.
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March 9, 2020 | SEVP Issues Broadcast Message on COVID-19 and Potential Procedural Adaptations for F and M Students |
March 6, 2020 | ICE Releases Interim Reference Sheet on 2019-Novel Coronavirus |
March 4, 2020 | ICE-ERO Temporary Closes Seattle Field Office Due to Possible COVID-19 Exposure
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January 29, 2020 | SEVP Issues Broadcast Message on 2019 Novel Coronavirus and F and M Nonimmigrants |
Date | Announcement |
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April 30, 2021 | Presidential Proclamation Suspending Entry as Nonimmigrants of Certain Individuals Present in India Who Pose a Risk of Transmitting COVID-19 |
January 25, 2021 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease |
January 21, 2021 | President Biden Issues Executive Order on Promoting COVID-19 Safety in Domestic and International Travel |
January 18, 2021 | Presidential Proclamation Terminating Restrictions on Entry of Certain Travelers from the Schengen Area, the U.K., Ireland, and Brazil |
December 30, 2020 | President Trump Issues Memorandum Extending Memorandum on Visa Sanctions |
June 22, 2020 | Presidential Proclamation Suspending Entry of Individuals Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak (85 FR 38263, 6/25/20) |
May 28, 2020 | Presidential Proclamation Suspending Entry of Certain Individuals from Brazil Who Pose a Risk of Transmitting Novel Coronavirus (85 FR 31933, 5/28/20) |
May 22, 2020 | Executive Order on Deregulatory Action Due to COVID-19 |
April 22, 2020 | Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak (85 FR 23441, 4/27/20) |
April 10, 2020 | President Memorandum on Visa Sanctions President Trump issued a memorandum directing the Secretary of State to impose visa sanctions pursuant to section 243(d) of the INA on any foreign country that denies or delays the acceptance of its citizens, subjects, nationals, or residents after being asked to accept them, and if such denial or delay is impeding DHS operations necessary to respond to the ongoing COVID-19 pandemic. |
March 18, 2020 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus (UK and Ireland) (85 FR 15341, 3/18/20) On 3/14/20, President Trump issued a proclamation that, with some exemptions, suspends and limits the entry into the United States, as immigrants or nonimmigrants, of individuals who were physically present within the UK and Ireland during the 14-day period preceding their entry or attempted entry. |
March 16, 2020 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (85 FR 15045, 3/16/20) President Trump issued a proclamation, effective 11:59 pm (ET) on 3/13/20, that with some exemptions, suspends and limits the entry, as immigrants or nonimmigrants, of individuals who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry. |
March 4, 2020 | Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus (85 FR 12855, 3/4/20) President Trump issued a proclamation that, with some exceptions, suspends and limits entry into the U.S., as immigrants or nonimmigrants, of persons who were physically present in Iran during the 14-day period preceding their entry/attempted entry. |
February 5, 2020 | Presidential Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (85 FR 6709, 2/5/20) President Trump issued a proclamation on 1/31/20 suspending and limiting entry into the U.S. as immigrants or nonimmigrants of all individuals who were physically present within the People’s Republic of China during the 14-day period preceding their entry or attempted entry. |
USICS Office Closings Webpage (**Please check this page for the latest updates on USCIS office clsoures**)
USCIS Response to the Coronavirus Disease 2019 (COVID-19)
USCIS’s Response to the 2019 Coronavirus
USCIS Special Situations Webpage
Cite as AILA Doc. No. 20030201.
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