By Brian Figeroux, Esq.| Photo Copyright of IQ.INC
In a deeply concerning development, the Executive Office for Immigration Review (EOIR) has begun distributing flyers entitled “Message to Illegal Aliens: A Warning to Self-Deport.” These documents, which bear the Department of Justice (DOJ) seal, are being circulated in immigration courts, included in official court communications, and even uploaded into respondents’ case files. While they appear to be authoritative, these flyers contain legally inaccurate and dangerously misleading information that undermines the integrity of our immigration courts and places vulnerable individuals at serious risk.
The American Immigration Lawyers Association (AILA) and the Immigration Justice Campaign (IJC) have sounded the alarm, calling on EOIR to immediately halt the distribution of these flyers. Their concerns are grave and substantiated: the flyers distort the law, omit critical legal consequences, and violate the ethical obligation of immigration judges to remain impartial.
A Threat to Due Process and Judicial Ethics
EOIR’s inclusion of these flyers in court spaces and judicial communications implies an endorsement by the courts themselves. This directly conflicts with the ethical obligations of immigration judges under 5 C.F.R. § 2635.101(b)(8), which requires impartiality in the execution of official duties. Furthermore, under 8 C.F.R. § 1240.11, immigration judges are required to inform respondents of their potential eligibility for relief. By promoting self-deportation without proper legal context, EOIR may be coercing individuals into abandoning their rights without understanding the consequences.
Misleading and Dangerous Messaging
The flyers misleadingly present self-deportation as a viable, even advisable, path forward. They suggest it might help future legal immigration efforts—an assertion that blatantly ignores the long-term legal penalties, including inadmissibility under INA §§ 212(a)(9)(A) and (B) and potential five-year bars resulting from in absentia removal orders under INA § 212(a)(6)(B). Notably absent are explanations of respondents’ rights to appeal or seek legal counsel. This misrepresentation compromises individuals’ ability to make informed legal decisions and threatens their access to justice.
A Call for Congressional Oversight and Action
This issue is not just a legal technicality—it is a fundamental breach of justice that demands immediate Congressional intervention. We urge lawmakers to take the following actions:
- Demand EOIR immediately cease distribution and posting of the self-deportation flyers in all court-related settings.
- Require EOIR to publicly clarify that these materials do not constitute legal advice.
- Instruct immigration judges and personnel to refrain from distributing or referencing these flyers in any official capacity.
- Mandate transparency by requiring EOIR to publish the legal basis for these flyers and enforce rigorous standards for any future communications.
The integrity of our immigration court system hinges on fairness, neutrality, and due process. Allowing misleading government-authored propaganda to infiltrate court proceedings is a betrayal of those principles. Congress must act swiftly to protect the rights of all who come before our immigration courts.