January 5, 2021
In written comments submitted to EOIR on Dec. 28, 2020, KIND urged EOIR to withdraw a proposed rule limiting motions to reopen and reconsider in immigration court. KIND argued that the proposed rule would magnify barriers to a full hearing, not only making it more difficult to reopen cases but also strictly limiting the scope of cases that are reopened. The rule would be particularly inequitable to unaccompanied children. Due to their developmental stage, trauma history, and limited familiarity with immigration law, Congress enacted special protections against return due to trafficking, danger, or harm that the proposed rule would undermine.