A regulation introduced during Donald Trump’s first presidency restricted immigration judges’ ability to manage their caseloads and changed procedures governing immigration appeals. The Biden administration subsequently moved to eliminate the rule and restore greater flexibility within the immigration court system.
The regulation, commonly referred to as the AA96 Final Rule, was issued in December 2020, near the end of the first Trump administration. Its implementation was later blocked following litigation.
According to the Department of Justice (DOJ), provisions of the rule affected the ability of immigration judges and the Board of Immigration Appeals (BIA) to efficiently manage and adjudicate cases.
What the AA96 Final Rule Changed
The rule introduced several significant changes to immigration court and appellate procedures.
Among its controversial provisions were restrictions affecting administrative closure, a case-management mechanism that can temporarily remove certain proceedings from an immigration judge’s active docket.
The rule also changed procedures before the BIA, including aspects of briefing schedules and the Board’s authority to review cases and return them to immigration judges when additional proceedings were necessary.
Supporters of stricter procedural requirements argued that immigration cases should move toward final resolution without unnecessary delays.
Critics, however, argued that the restrictions limited judges’ ability to manage complicated cases efficiently and could interfere with proceedings involving immigrants pursuing relief through other parts of the immigration system.
The Biden Administration’s Response
The Biden administration proposed rescinding the Trump-era provisions and restoring greater case-management authority to immigration judges and the BIA.
The stated objective was to give adjudicators more flexibility to manage their dockets while maintaining appropriate procedural protections for individuals appearing in immigration proceedings.
The effort came amid a substantial backlog in the nation’s immigration courts. The Biden administration repeatedly sought additional immigration judges, attorneys, and support personnel as it attempted to address the growing number of pending immigration and asylum cases.
Immigration Court Policies Continue to Change
The original version of this article describes the Biden administration’s proposal as a developing policy. That framing is now outdated.
Joe Biden left office on January 20, 2025, when Donald Trump began his second presidential administration. Immigration court policies and enforcement priorities have continued to change since then.
For individuals currently involved in removal proceedings, the rules governing administrative closure, appeals, continuances, case management, and other immigration court procedures should therefore be evaluated under current law and current Department of Justice policies, rather than based on policies proposed during the Biden administration.
What This Means for Immigration Cases
Changes to immigration court procedures can have important consequences for people facing removal or pursuing immigration relief. However, a change in an administrative rule does not automatically determine the outcome of an individual case.
Available options can depend on the person’s immigration history, pending petitions or applications, previous immigration court decisions, eligibility for relief, and the procedural status of the case.
If you are currently in immigration court, have a pending appeal, or have questions about how current immigration court rules could affect your case, contact Albizu Law at 512-861-5638 to schedule a consultation and discuss your individual circumstances.
