American Immigration Council Urges DHS to Undertake Regulatory Reform

In response to the Department of Homeland Security’s request for comments in connection with a review of its existing regulations, the American Immigration Council highlighted several issues of concern. We urge the Department to: (1) promulgate additional regulations to clarify that the right to counsel applies in all DHS proceedings; (2) expand existing regulations to clarify the types of delays that justify stopping the Employment Authorization Document (EAD) asylum clock and distinguish the EAD asylum clock from EOIR’s asylum adjudication clock; and (3) promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protect those subject to detainers. Our letter describes these three requests and provides additional details regarding the need for regulatory reform.