US Federal Senate Bill SJR190

US Federal 2025-2026 Regular Session

• Introduced: 6/16/26
• Introduced: 4/30/26
• Refer: 4/30/26

Caption

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".

Summary

S.J. Res. 190 is a congressional disapproval resolution under the Congressional Review Act that would nullify a Department of Justice Executive Office for Immigration Review rule titled "Appellate Procedures for the Board of Immigration Appeals." If enacted, the resolution would block the rule from taking effect and declare that it has no force or effect. The measure does not itself create new immigration procedures; instead, it seeks to overturn an existing federal rule governing how appeals are handled before the Board of Immigration Appeals. Because this is a disapproval resolution, its practical effect would be to preserve the prior appellate framework for immigration cases rather than allow the new EOIR rule to govern. The resolution is aimed at a specific administrative rule published in the Federal Register on February 6, 2026, and would affect immigration adjudication procedures, immigration attorneys, noncitizens in removal proceedings, and the Board of Immigration Appeals if adopted.

Impact

The resolution would not amend the Immigration and Nationality Act directly, but it would use the Congressional Review Act to invalidate the EOIR appellate-procedure rule and prevent its implementation. That would leave existing regulations and practices in place for Board of Immigration Appeals appeals, affecting how immigration cases are reviewed administratively within the Department of Justice. The bill’s impact is therefore procedural and regulatory, centered on federal immigration adjudication rather than substantive immigration eligibility rules.

Sentiment

The available context suggests the measure was supported by its Democratic sponsors, Senators Kaine and Durbin, who introduced it to disapprove the EOIR rule. However, the Senate later rejected a motion to proceed to consideration by a 46-48 vote, indicating insufficient support to advance the resolution. Overall, the sentiment appears divided along broader lines of disagreement over immigration enforcement and administrative procedure, with opponents of the rule seeking to block it and others declining to move the resolution forward.

Contention

The main point of contention is the underlying EOIR appellate-procedures rule itself: supporters of the resolution appear to view the rule as problematic enough to warrant congressional repeal, while opponents or non-supporters were unwilling to advance the disapproval measure. Because the bill text is limited to a CRA disapproval, the debate is less about creating a new policy and more about whether Congress should override the agency’s rulemaking on immigration appeals. The close vote to proceed suggests the issue was politically sensitive and likely tied to broader disputes over immigration adjudication, due process, and agency authority.