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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
registration requirement and standards for opting in and out of voluntary electronic filing. See 8 CFR 1003.2g4, 1003.3g1, 1003.31a. The Department continues to review options for registering pro se respondents for electronic filing and appreciates commenters suggestions. Once EOIR
determines how best to register pro se respondents, EOIR will provide further guidance as necessary.
Regarding accessibility, EOIR intends to fully comply with the requirements of Executive Order 13166 to provide meaningful access to the immigration courts to limited English proficiency LEP persons. See Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, 65 FR 50121 Aug. 16, 2000. To date, EOIR has released a language access plan detailing the agencys efforts to comply with Executive Order 13166. See EOIR, The Executive Office for Immigration Reviews Plan for Ensuring Limited English Proficient Persons Have Meaningful Access to EOIR Services, May 31, 2012, available at https
www.justice.gov/sites/default/files/eoir/
legacy/2012/05/31/EOIRLanguage AccessPlan.pdf. When EOIR
implements ECAS for pro se respondents, who are the main EOIR
population constituting LEP persons, EOIR will determine if Executive Order 13166 requires any additional changes to its public-facing systems to ensure meaningful access.
Lastly, the rule does not impose any standalone fees for electronic filing.

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F. Representative Registration Process Comment: One commenter requested that EOIR include changes to its eRegistry process by removing the inperson identity verification step.
Response: The Department believes that the request to remove in-person verification from the eRegistry process is outside the scope of this rule, as the rule does not make any changes to the eRegistry process. See 85 FR at 78244
explaining that this rule does not add any additional eRegistry requirements.
G. Change of Address Comment: One commenter requested that EOIR develop a centralized system for filing the change of address form, Form EOIR33, in order to provide a simple and reliable process for pro se respondents and representatives.
Response: To the extent that the commenter requests a separate centralized system to submit Form EOIR33, the Department believes such request is outside the scope of this regulation. Nevertheless, the
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Department notes that Form EOIR33 is currently available for electronic filing through ECAS. In addition, as EOIR
continues to pursue enhancements to its ECAS system, the agency will consider potential changes to its change of address filing and processing procedures to ensure a simple and efficient process for filers.
H. Service of Process Comment: One commenter raised concerns about electronic service of process, noting that representatives could miss an email that ends up in a spam folder or is not received due to a technical issue. The commenter was also concerned about electronic service on pro se respondents and respondents who receive only limited representation.
As a result, the commenter stated that DHS should be required to paper serve pro se respondents or their representatives in addition to any electronic service of process.
Response: The Department has no concerns regarding electronic service, which is standard practice in most court systems. See, e.g., Ninth Cir. Ct. of App.
Fed. R. App. P. 25.5f1 stating that, subject to some exceptions, when a document . . . is submitted electronically, the Appellate Electronic Filing System will automatically notify the other parties and counsel who are registered for electronic filing of the submission; no certificate of service or service of paper copies upon other parties and counsel registered for electronic filing is necessary.. In addition, EOIR has been successfully piloting ECAS since June 2018, including by sending email notifications to filers. In general, representatives should vigilantly monitor their email inboxes, including any spam folders, for service notifications from EOIR, just as a person would for any important email communication.
Regarding cases involving pro se respondents who choose not to use ECAS, the rule requires DHS to complete service outside of the ECAS
system consistent with current practice.
See, e.g., 8 CFR 1003.32c. The Department also notes that EOIR
currently does not allow for limited representation aside from bond hearings. If a respondent retains a representative for a proceeding before EOIR, that representative will be required under this rule to electronically file and receive electronic service so long as they have a valid Form EOIR27 or EOIR28 on file, as applicable. If the immigration court or BIA later grants the representatives withdrawal from the proceeding, the respondent becomes pro se, and the
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electronic filing and service procedures no longer apply.
Lastly, in response to the suggestion that DHS be required to complete paper service in all cases in addition to any electronic service, the Department declines to create additional service requirements for DHS that would not be similarly required of the opposing party.
The Department is confident in the electronic service process, and requiring duplicative paper service would only reduce the efficiencies of the electronic filing and service process.
I. Electronic Filing for Existing Paper Cases Comment: One commenter requested that EOIR allow for electronic filing in existing paper cases to increase usage among willing representatives.
Response: The Department appreciates the commenters suggestion and enthusiasm for electronic filing.
However, EOIR is unable to provide electronic filing in existing paper cases at this time due to resource constraints surrounding the digitization of existing case files. In the future, EOIR may consider converting paper records to eROPs, depending on cost, technological feasibility, and agency operational requirements. In addition, the Department believes that applying this rule prospectively to newly initiated cases will also help ensure a smooth transition into electronic filing and eROPs.
J. Signature Requirements Comment: One commenter requested clarity regarding ink signatures on forms that require ink signatures and how those should be handled through electronic filing. Another commenter requested that EOIR allow for digital signatures on paper filings.
Response: As stated in the NPRM, the rules signature requirements are subject to any form requirements regarding signatures. See 85 FR at 78246.
Therefore, if a form requires an ink signature, the user must follow the form requirements. The user may then electronically file a scanned copy of the ink-signed form through ECAS, so long as the user maintains the original document for inspection upon request.
Id. In practice, if the user was electronically filing, the user would sign the application in ink and then scan and electronically file the application with EOIR..
Second, the rule already also allows for the use of electronic and encrypted digital signatures on documents filed in paper. See 85 FR at 78246 First, EOIR
proposes to accept documents with original, handwritten ink signatures,
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