Reports

Ensure that immigration judges are responsive in a timely manner to requests for continuances by respondents who assert that they have recently experienced symptoms of or have been exposed to COVID-19, and encourage immigration judges to fully consider continuance requests.

Expand the EOIR Court & Appeals System (ECAS) to all immigration courts, and continue to pursue efforts to make ECAS mandatory. Until ECAS is fully deployed, EOIR should consider whether it can continue permitting email filings without increasing the risk to staff during the pandemic. In particular, EOIR should assess the feasibility of having staff scan paper filings into electronic files rather than print emailed filings and whether this would reduce the need for staff to report to work in person. If EOIR permits email filings, EOIR should ensure that users receive confirmation of receipt of filing and are not unfairly restricted by page limits during the ongoing COVID-19 pandemic in all courts that do not have ECAS.

Develop a plan to ensure maximum telework capability for all positions and staff in locations affected by the COVID-19 pandemic, or in the event of a future pandemic or similar conditions, and ensure that it procures sufficient equipment and addresses software limitations to enable the broadest possible telework.

Develop methods to ensure that immigration courts and EOIR offices are following social distancing guidelines during the ongoing pandemic and in the event of any future pandemic.

Ensure that EOIR has a plan in place to order and maintain appropriate stocks of personal protective equipment for employees reporting to EOIR workspaces and other parties appearing for immigration proceedings.

Clearly communicate with staff regarding COVID-19, including concerning when government standards change and what information EOIR is permitted to share regarding potential exposure.

Coordinate with other agencies in non-Department of Justice buildings housing EOIR courts on making announcements about potential COVID-19 exposure.

Ensure that its communication plan and notice procedures for respondents and representatives are effective in reaching the intended audience, including Migrant Protection Protocols respondents, unaccompanied minors, and respondents who may be quarantined during the pandemic.

Update EOIR’s Continuity of Operations Plan and pandemic plan based on experience during COVID-19, and adjust the plans to prepare for the future.