G28-009-60day Public Comments_Responses Matrix

Project Title: G-28-009 REV
60-day FRN (regulations.gov): 60-day FRN
FR Citation (federalregister.gov): 86 FR 36569
Publish Dates: 07/12/2021 – 9/10/2021
Matrix ID
Number
1.1

Commenter
John Flanagan

Comment

USCIS Response

Comment ID USCIS-2008-0037-0111:
I am an attorney in private practice who has represented
over 100 individuals in DHS, EOIR, and consular proceedings,
both in detained and non-detained settings. I have had to
use Form G-28 for a range of tasks, from filing affirmative
benefits to getting access to clients in detention.

8 CFR 292.4(a) requires that Form G-28 be “signed by the
petitioner, applicant, or respondent to authorize
representation in order for the appearance to be recognized
by DHS.” DHS does accept “photocopied, scanned, faxed, or
similarly reproduced” signatures. USCIS Policy Manual,
Volume 1, Part B, Chapter 2.A.

At four pages, the current Form G-28 is far too long. The
equivalent Form in EOIR proceedings - Form EOIR-28 - is two
pages long. Indeed, Form G-28 used to only be two pages
(see OMB No. 1615-0105, expiry date 02/29/2016). Also,
Form EOIR-28 does not require the client's signature, and
the same should be true of Form G-28. As officers of the
court, attorneys should be able to make a good faith
representation that they represent a client in administrative
proceedings, as they are permitted to do in courts and
administrative tribunals throughout the United States.
In the alternative, there should be a provision for an
attorney to enter an appearance for a detained individual
without the need for an original signature. Historically, ICE
and the Asylum Office have used the signature requirement
in bad faith to obstruct access to clients in detention. For
example, I have many colleagues who have wanted to
present credible fear information on behalf of clients who
provided verbal consent to representation but were unable
to sign paperwork because they were apprehended and
shipped off to a remote detention center. In this context, the
signature requirement allows bad-faith gamesmanship by
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Project Title: G-28-009 REV
60-day FRN (regulations.gov): 60-day FRN
FR Citation (federalregister.gov): 86 FR 36569
Publish Dates: 07/12/2021 – 9/10/2021
officials who want to obstruct access to counsel and should
be eliminated by some sort of explicit exception on the
form.

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