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SJRES 190

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Executive Office for Immigration Review relating to "Appellate Procedures for the Board of Immigration Appeals".

119th Congress Introduced by Dick Durbin and 1 co-sponsor

Disapproves and nullifies EOIR’s proposed BIA appellate procedures rule, keeping existing procedures in place if the joint resolution becomes law.

Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 173. (consideration: CR S2816)
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Bill Summary · SJRES 190

Overview

  • Bill: SJRES 190 (119th Congress, 2nd Session)
  • Type: Joint Resolution
  • Purpose: To disapprove the rule submitted by the Executive Office for Immigration Review (EOIR) titled “Appellate Procedures for the Board of Immigration Appeals” under the Congressional disapproval process in chapter 8 of title 5, United States Code. If enacted, the rule would have no force or effect.
  • Introduced: April 30, 2026
  • Sponsors: Sen. Kaine (main sponsor) with Sen. Durbin; co-sponsors include Sen. Durbin (initial sponsor) and Sen. Kaine

What the bill does

  • The joint resolution uses Congress’s disapproval process (5 U.S.C. chapter 8) to nullify the EOIR rule governing appellate procedures for the Board of Immigration Appeals (BIA).
  • The bill explicitly states that the EOIR rule titled “Appellate Procedures for the Board of Immigration Appeals” (referenced as 91 Fed. Reg. 5267, Feb. 6, 2026) shall have no force or effect if the joint resolution becomes law.
  • In essence, it prohibits the rule from taking effect and enforces non-implementation of the specified appellate procedures.

Key provisions and changes

  • Disapproval mechanism: Uses the congressional joint resolution authority to disapprove a federal rule within the framework of 5 U.S.C. chapter 8.
  • Scope: Applies specifically to the EOIR rule concerning appellate procedures for the BIA.
  • Effect: Nullifies the rule, ensuring it cannot become operative or enforceable.

Affected parties and impact

  • Affected entities:
    • Executive Office for Immigration Review (EOIR) and Board of Immigration Appeals (BIA): The rule would be blocked; EOIR’s administrative rulemaking on appellate procedures would not take effect.
    • Immigrant law practitioners, asylum seekers, and respondents within the immigration court system: Procedural changes that would have been introduced by the EOIR appellate rule would not apply.
    • Federal court and administrative law communities: Implications for how BIA appeals are processed and decisions reviewed.
  • Practical impact:
    • Maintains existing appellate procedures as they stood prior to the promulgation of the challenged rule.
    • Prevents potential changes in BIA appellate procedure timelines, standards, or filing requirements that the EOIR rule might have implemented.

Procedural and timeline aspects

  • Status: Introduced in the Senate on April 30, 2026; referred to the Senate Committee on the Judiciary.
  • Next steps: If advanced, the bill would need to pass both chambers of Congress (House and Senate) and be signed by the President to become law.
  • Relation to rulemaking: The disapproval process operates independently of EOIR’s ongoing rulemaking; passage of the joint resolution would terminate the effect of the rule under challenge.

Notes

  • The bill’s text identifies the rule by its Federal Register citation: 91 Fed. Reg. 5267 (February 6, 2026).
  • The legislative intent is to block the EOIR’s proposed changes to appellate procedures at the BIA, preserving current procedures unless and until Congress acts differently.

Compiled from official sources — confirm details with the bill’s official record.

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