DOJ Seeks to Quickly Dismiss Immigration Appeals

New rule would allow the Board of Immigration Appeals to automatically dismiss cases within 15 days, raising concerns about due process.

Published on Feb. 9, 2026

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The U.S. Department of Justice is proposing a new rule that would allow the Board of Immigration Appeals to automatically dismiss immigration appeals within 15 days, unless a majority of board members vote to consider the appeal on the merits. This move is intended to help the DOJ address a backlog of over 200,000 pending immigration appeals, but critics argue it will further undermine due process for immigrants and lead to more detentions.

Why it matters

The proposed rule change is part of the Trump administration's broader efforts to ramp up deportations and detention of immigrants. By allowing the quick dismissal of appeals, the DOJ could greenlight more arrests by Immigration and Customs Enforcement, as immigrants would lose the ability to continue challenging deportation orders. This raises concerns about due process and the profiteering of private prison companies that operate immigrant detention facilities.

The details

Under the current system, immigrants who lose their cases in immigration court can appeal to the Board of Immigration Appeals (BIA) in Falls Church, Virginia. However, the BIA has been overwhelmed by a backlog of over 200,000 pending appeals. The DOJ's proposed rule would allow the BIA to automatically dismiss appeals within 15 days, unless a majority of board members vote to consider the appeal. Critics argue this will make it much more difficult and expensive for immigrants to fight deportation orders, as each appeal to the federal circuit courts can cost upwards of $600.

  • The DOJ published the proposed rule in the Federal Register on Friday, February 9, 2026.
  • The new rule would go into effect 30 days after it is published, on March 11, 2026.

The players

Department of Justice (DOJ)

The U.S. Department of Justice is proposing the new rule to allow the Board of Immigration Appeals to quickly dismiss immigration appeals.

Board of Immigration Appeals (BIA)

The BIA is the administrative high court that reviews appeals of immigration court decisions. The DOJ's proposed rule would give the BIA more flexibility to dismiss these appeals.

Jennifer Peyton

A former assistant chief immigration judge in Chicago who is now a private immigration lawyer. Peyton criticized the DOJ's plans as "yet another deprivation of due process" for immigrants.

Craig Relles

An immigration lawyer in the New York City area who warned that the proposed rule change would make it even more expensive for people to fight their immigration cases.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee (Instagram)

What’s next

The proposed rule change is currently open for public comment. After the 30-day comment period, the DOJ will review the feedback and decide whether to finalize the rule.

The takeaway

The DOJ's proposal to quickly dismiss immigration appeals is the latest in a series of Trump-era policies aimed at ramping up deportations and detentions. Critics argue it will further undermine due process and lead to more profiteering by private prison companies that operate immigrant detention facilities.