In February 2026, the Trump administration issued an Interim Final Rule (IFR) that guts the Board of Immigration Appeals, the agency that hears appeals of cases from immigration courts. The IFR upends the system for noncitizens to be able to challenge adverse immigration judge decisions, making summary dismissals the default outcome in most cases and shrinking the time to file a notice of appeal from 30 to just 10 days. The IFR was issued in a rushed fashion, without allowing the public time to provide input before taking effect and was scheduled to go into effect on March 9, 2026. The IFR would have made it extremely difficult, if not impossible, for many noncitizens to appeal their cases—particularly those who are detained or who proceed without a lawyer. The IFR would also have made an appeal to the BIA essentially meaningless, despite the fact that noncitizens must pay over $1000 to file a notice of appeal with the BIA (a requirement before they can reach a federal court). A group of nonprofit organizations that represent noncitizens in removal proceedings sued to block the IFR from taking effect. They allege the IFR violates the Administrative Procedure Act, the Immigration and Nationality Act, and the Due Process Clause of the Fifth Amendment. A federal court vacated parts of the IFR before it took effect, keeping the agency from implementing the 10-day appeal deadline, the summary dismissal provision, and the requirement that all the issues be addressed in the notice of appeal or deemed waived.
Update: As of April 10, 2026, the briefing schedule and proceedings before the district court have been stayed pending the conclusion of the notice-and-comment period and further agency action on the interim final rule. This does not impact the court’s prior rulings, including the district court’s decision setting aside portions of the interim final rule.
The lawsuit was filed in the U.S. District Court for the District of Columbia by the American Immigration Council, the National Immigrant Justice Center (NIJC), and Democracy Forward. The plaintiffs are Amica Center for Immigrant Rights, Brooklyn Defender Services, Florence Immigrant and Refugee Rights Project, HIAS, and NIJC.
