G-28-009-30day Public Comment Responses Matrix

Project Title: G-28-009 REV
Public Comments (regulations.gov): Docket (USCIS-2008-0037)
30-day FRN Citation (federalregister.gov): 86 FR 57439
Publish Dates: October 15 – November 15, 2021
Matrix ID
Number
1.1

Commenter
John Flanagan

Comment
Comment ID USCIS-2008-0037-0126:
In addition to reiterating my comments below, I want to
suggest that there should be a mechanism for attorneys who
are verified members of a state or territorial bar to enter
their appearance on DHS's systems electronically without
needing a client signature. The current electronically G-28
system doesn't work for all forms, is buggy, and requires the
client to be tech-savvy.
**ORIGINAL COMMENT**

USCIS Response
USCIS continues to enhance online filing capabilities and
make more of our forms available for online filing.
Regarding the client signature requirement, USCIS reiterates
that 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.

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.
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.

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Project Title: G-28-009 REV
Public Comments (regulations.gov): Docket (USCIS-2008-0037)
30-day FRN Citation (federalregister.gov): 86 FR 57439
Publish Dates: October 15 – November 15, 2021
Matrix ID
Number

Commenter

2.1

Jeremy Rosenberg

3.1

Law Office of
Christina Brown

Comment
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
officials who want to obstruct access to counsel and should
be eliminated by some sort of explicit exception on the
form.
Comment ID USCIS-2008-0037-0124:
Create a 1-page G-28 that does not require client signature.
The requirement is prejudicial to detained individuals and a
4-page entry form is not necessary.
Comment ID USCIS-2008-0037-0125:
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.

USCIS Response

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.
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
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Project Title: G-28-009 REV
Public Comments (regulations.gov): Docket (USCIS-2008-0037)
30-day FRN Citation (federalregister.gov): 86 FR 57439
Publish Dates: October 15 – November 15, 2021
Matrix ID
Number

Commenter

Comment

USCIS Response

(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
officials who want to obstruct access to counsel and should
be eliminated by some sort of explicit exception on the
form. The alleged purpose of the signature by USCIS to
protect private information of individuals seeking protection
is disingenuous. Practitioners can represent asylum seekers
before EOIR without a signature. The same mechanism for
confirming representation is available in all administrative
proceedings: the officer confirms that the applicant wants to
be represented by the attorney at the time of the interview,
hearing, etc. The original signature requirement serves only
the purpose of limiting access to counsel.
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Project Title: G-28-009 REV
Public Comments (regulations.gov): Docket (USCIS-2008-0037)
30-day FRN Citation (federalregister.gov): 86 FR 57439
Publish Dates: October 15 – November 15, 2021
Matrix ID
Number
4.1

Commenter
Shelly Marshall

Comment
Comment ID USCIS-2008-0037-0127:
Regarding the letter sent from Samantha L. Deshommes, on
Agency Information Collection Activities that will transfer
adjudicative authority of defensive asylum away from
immigration judges and give it to asylum officers--I am so
very NOT in favor of this.

USCIS Response
[Unrelated comment]

Aaron Stevenson, DHS Insider and Intelligence Research
Specialist for the U.S. Citizenship and Immigration Services
said that an email sent out by the Director of USCIS, which
notified everyone about a rule change coming forward, is
going to shift the adjudicative authority of defensive asylum
away from immigration judges and give it to asylum officers,
which are USCIS.
Ur Jaddou, Director of U.S. Citizenship and Immigration
Services wrote “The proposed system seeks to reduce
processing times by transferring the initial responsibility for
adjudicating certain protection claims from immigration
judges to USCIS asylum officers." He also wrote, "This rule
would simplify the adjudication process for certain
individuals who are encountered at or near the border,
placed into expedited removal proceedings”
We all know that is a loop hole (and will not simplify
anything!) and that going to a fee-based program to by pass
judges, means they bypass any oversight, congressional or
legal, and we will get another massive influx of people
playing the system and putting a burden on the American
taxpayer to support them!!!
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Project Title: G-28-009 REV
Public Comments (regulations.gov): Docket (USCIS-2008-0037)
30-day FRN Citation (federalregister.gov): 86 FR 57439
Publish Dates: October 15 – November 15, 2021
Matrix ID
Number

Commenter

Comment

USCIS Response

Please stop this travesty--it will allow criminals, traffickers,
drug cartels and gang members to enter our country with a
fast track to citizenship--and it will bring massive numbers of
people who want a free ride, I am sick to death of these
measures to destroy what I have built up all my life--STOP
THIS PLEASE!

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