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".
- Bill Number
- S.J.Res. 190
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-16: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 173. (consideration: CR S2816)
- Last Updated
- 2026-06-29T12:22:11Z
AI-Generated Summary
Purpose
The legislation provides for congressional disapproval, under the Congressional Review Act (chapter 8 of title 5, United States Code), of a specific administrative rule issued by the Executive Office for Immigration Review (EOIR). Its goal is to prevent the rule from taking effect.
Key Provisions
- Disapproval clause: Congress disapproves the rule titled "Appellate Procedures for the Board of Immigration Appeals," published at 91 Fed. Reg. 5267 on February 6, 2026.
- Nullification effect: The rule is declared to have no force or effect if the joint resolution is enacted.
- Procedural status: The resolution was introduced in the Senate, referred to the Judiciary Committee, discharged by petition under 5 U.S.C. 802(c), and placed on the Senate calendar.
Significant Changes to Existing Law
- This joint resolution invokes the Congressional Review Act to overturn an agency rule, which would maintain the pre-rule appellate procedures for the Board of Immigration Appeals rather than allowing the new procedures to replace them.
- No other amendments to statutes are made; the change is limited to blocking the specific regulatory action.
Potential Impacts
- Government agencies: The EOIR and its Board of Immigration Appeals would continue operating under existing appellate rules, avoiding implementation of the disapproved changes.
- Citizens and individuals: Persons involved in immigration appeals, including noncitizens and their legal representatives, would experience no shift in procedures stemming from the February 2026 rule.
- International relations: No direct effects are outlined in the document.
Main Stakeholders Affected
- The Executive Office for Immigration Review and the Department of Justice.
- Individuals and attorneys participating in Board of Immigration Appeals proceedings.
- Members of Congress responsible for oversight of immigration regulations.
Notable Legal, Constitutional, or Political Implications
- The resolution exercises Congress's authority under the Congressional Review Act to review and nullify executive branch rules, a mechanism that requires passage by both chambers and presidential approval (or a veto override).
- It highlights the legislative branch's role in checking agency actions related to immigration procedures without altering underlying statutes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Sen. Durbin, Richard J. [D-IL]
Recent Actions
- 2026-06-16: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 173. (consideration: CR S2816) (Roll call 173)
- 2026-06-03: Placed on Senate Legislative Calendar under General Orders. Calendar No. 425.
- 2026-06-03: Senate Committee on the Judiciary discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-06-03: Senate Committee on the Judiciary discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-04-30: Read twice and referred to the Committee on the Judiciary.
- 2026-04-30: Introduced in Senate
Bill Versions
- 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. — issued 2026-04-30 — PDF (2 pages)
- 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. — issued 2026-06-03 — PDF (4 pages)