The Justice Department's Board of Immigration Appeals on Thursday issued a ruling that likely will reduce the number of cases it hears.
The change was highlighted in a post on X by Britain Eakin, Law360's senior immigration reporter, who shared language from the new policy explaining that the board is facing an "unprecedented" caseload and lacks the tools to handle the volume of appeals.
"Given the unprecedented Board caseload … the Department has reconsidered the Board's role as an appellate tribunal," the text stated, adding that the board "cannot — and does not need to — adjudicate every case on the merits."
Under the new approach, appeals from immigration judge decisions issued after the interim final rule becomes effective will face a major shift in default treatment.
Instead of automatically being reviewed on the merits, the "default will be summary dismissal unless a majority of current Board members vote to consider the appeal on the merits," the policy states.
The Justice Department said those summary dismissals will happen quickly — "within 15 days of filing the appeal" — allowing migrants to seek federal court review sooner rather than potentially waiting years for a board decision that, in most cases, would simply uphold the immigration judge's ruling.
The Board of Immigration Appeals, located at the Executive Office for Immigration Review headquarters in Falls Church, Virginia, is the highest administrative body responsible for interpreting and applying U.S. immigration law.
The BIA generally decides cases through paper reviews, rather than courtroom hearings, and has nationwide jurisdiction over a wide range of immigration matters.
According to the BIA's own website, its decisions are binding on Department of Homeland Security officers and immigration judges unless modified by the attorney general or overruled by a federal court.
Supporters of stronger immigration enforcement have long argued that the appeals system is overwhelmed and routinely exploited to delay deportations, even in cases where removal orders are likely to be upheld.
The Biden-era surge in illegal immigration contributed to a massive backlog in the immigration court system, a problem President Donald Trump has vowed to tackle through faster removals and tighter enforcement.
The DOJ's latest move appears aimed at allowing the board to focus its limited resources on the more than 200,000 pending appeals and on cases presenting "novel issues" that warrant higher-level review.
Although critics are expected to argue the change limits due process, supporters say it is a necessary step to restore order to an immigration system that has been stretched to the breaking point.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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