The final version of the regulation, which will be published Tuesday, backs away from several other changes that the department had proposed. Immigration advocates and attorneys raised concerns that those changes would give the appellate body too much discretion over precedent.
Barr’s first major regulatory change to the immigration courts continues efforts started by his predecessor, former Attorney General Jeff Sessions, to tighten the ways immigrants can pursue a right to stay in the country. As first reported by The Chronicle, the regulation was originally proposed during the George W. Bush administration and was revived under President Trump.
The version set for publication drops some of the more controversial provisions of the original proposal but expands the ability of the appellate body, the Board of Immigration Appeals, to issue binding decisions about immigration law.