Skip to main content

2.0

EOIR Acting Director authorizes ICE enforcement actions in EOIR space

  1. Original Date Announced

    January 28, 2025

    On January 28, 2025, EOIR's Acting Director issued PM 25-06, cancelling and rescinding PM 23-01.

    PM 23-01 prohibited DHS officials from carrying out enforcement actions in or near EOIR space, explaining that this policy is needed to avoid both the chilling effect that courtroom apprehensions would have on noncitizens appearing for their immigration court proceedings and the safety risk that on-site apprehensions would pose for court visitors (which include families and children) and EOIR personnel. PM 23-01 complemented a joint ICE-CBP memo on April 27, 2021 that limited civil immigration enforcement actions in or near courthouses generally.

    In response to ICE's Acting Director issuing interim guidance that now allows ICE to resume enforcement actions in or near courts, PM 25-06 rescinds the previous guidance as unnecessary, characterizing the rationale for the previous memo as unsubstantiated and ultra vires.

    PM 25-06: Cancellation of PM 23-01
  2. Effective Date

    January 28, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: Interior
Agencies Affected: ICE CBP EOIR

Pre Trump-Era Policies

  • December 11, 2023

    EOIR Operating Policies and Procedures Memorandum 23-01: Enforcement Actions in or near OCIJ Space, generally limiting immigration enforcement actions in or near OCIJ spaces (including courtrooms, waiting areas, pro bono rooms) except in exigent circumstances outlined in the memo.

    2023.12.11 OPPM re DHS Enforcement Actions in or near OCIJ Space

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com