Notice and Comment
Get involved in the federal regulatory process
About
Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies. ACS monitors the federal register for notices of proposed regulatory changes and highlights select opportunities that may be of interest to our members. ACS encourages our members to write and submit comments, but we are also looking for volunteers to research comments and provide expert talking points to guide comment writing.
Please email LCEmails@acslaw.org with the subject line “Notice and Comment” for more information.
State Regulation Monitors
Seeking Volunteers for Monitoring Proposed Regulatory Changes in the States
ACS is expanding its Notice and Comment Project, which monitors regulations and policy-making and then highlights select opportunities that may be of interest to our members, to include all 50 states. There is currently no single location to find proposed regulatory changes for all 50 states. Not only that, but many state proposed regulatory changes are difficult to monitor and not easily accessible to the general public. ACS is looking for volunteers to monitor, on a weekly basis, state notices of proposed rulemaking. Please email LCEmails@acslaw.org for more information.
Federal Opportunities
Top Notice and Comment Opportunities
- The Department of Justice (DOJ) is seeking comment on a proposed rule to establish a new process for reviewing bar complaints and allegations against its attorneys. The rule would potentially constrain ethics investigations conducted at the state level into alleged misconduct by its lawyers and give the U.S. attorney general the right to review misconduct allegations against current or former Justice Department attorneys. Comments may be submitted here by April 6. Read more from Reuters and Bloomberg Law.
- The Department of Justice has proposed an interim final rule to change the administrative appellate review process by the Board of Immigration Appeals. This would reduce the appeal window of decisions by Immigration Judges and refuse appeals unless the Board of Immigration Appeals unanimously grants it. The impacts of this rule will be felt immediately and will be severe. The comment period runs until April 8 and comments can be submitted here. Learn more at Migrant Insider and the National Immigrant Justice Center.
- The Department of Housing and Urban Development (HUD) is seeking comment on a proposed rule that would revise HUD’s Section 214 implementing regulations to require the verification of U.S. citizenship or the eligible immigration status of all applicants and recipients of assistance, regardless of age. These amendments would have significant implications for housing stability and the due process protections of mixed-status families. Comments may be submitted here by April 21.
- The U.S. Department of Homeland Security (DHS) is seeking comment on a proposed rule to modify regulations governing applications for asylum and withholding of removal (asylum applications) and employment authorization based on a pending asylum application. The proposed rule would change filing and eligibility requirements for non-US Nationals requesting employment authorization and an employment authorization document (EAD) based on a pending asylum application. The changes include pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180 days, extending the waiting period to apply for employment authorization to 365 days, changing EAD application processing time requirements, and adding eligibility requirements. Comments may be submitted here by April 24. Read more from Reuters and the Center for Immigration Studies.
- The Election Assistance Commission (EAC) is seeking comment on a proposed rule that will review Election Audit Standards. This notice invites input on the standards that should govern audits to protect our democracy from federal interference in the upcoming midterm elections and the spread of disinformation. Comments may be submitted here by April 27.
- The U.S. Customs and Border Protection, within the Department of Homeland Security (DHS), is seeking comment on a Voluntary Self-Reported Exit (VSRE) Pilot Period to collect facial images and biometric data from noncitizens subject to Form I-94 requirements, exiting the United States from any location. The pilot period will last two years beginning March 19, 2025, and comments may be submitted at any time during the pilot period by email to cbpone@cbp.dhs.gov.
Members can also search the Federal Register for other comment opportunities.
State Opportunities
- The Maryland Lynching Truth and Reconciliation Commission will hold a public meeting on Monday, April 13, 2026, at 11:30 am EST, to discuss cases of racially motivated lynching with the public. More information about the meeting can be found here.
Webinar
On September 19, ACS hosted a webinar on notice and comment procedure. Whether you care about environmental regulations, conditions for millions of workers across the country, financial controls, or any number of regulatory issues, this valuable training seminar covers the basics of the process that underlies all regulatory action with two seasoned experts. Notice and comment is a key oversight tool for agency activity, particularly in the current political environment, and it’s also a great way to develop knowledge in a particular area of the law. Whether you are an experienced practitioner or a law student still developing your experience, you can participate in notice and comment procedure to bring about change.
Featuring
Jill Dash, American Constitution Society, moderator
Emily Hogin, Perkins Coie
Raj Nayak, National Employment Law Project
Karl Sandstrom, Perkins Coie
Get involved in the federal regulatory process. Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies.