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Original Date Announced
March 18, 2020EOIR releases guidance on how the immigration courts will operate during the COVID-19 outbreak. An individual is not allowed to enter court space if that person:
- has entered a country falling under a Level 3 Public Health Notice or subject to a Level 3 or Level 4 Travel Advisory within the past 14 days;
- has been asked to self-quarantine by a local health authority or medical provider; or
- has been diagnosed with COVID-19 - or has been in contact with someone else who has been - within the past 14 days.
The guidance also suggests that IJs consider televideo and telephonic hearings and authorizes them to digress from the instructions of the Immigration Court Practice Manual as needed. It also discourages in-person hearings, encouraging IJs and parties to resolve cases without a hearing where possible. The guidance reminds IJs that they may waive the presence of the respondent in represented cases and grant continuances upon a showing of good cause.
[ID #240]
See Biden administration action below
Immigration Court Practices During the Declared National Emergency Concerning the COVID-18 OutbreakEffective Date
March 18, 2020Subsequent Trump-Era and Court Action(s)
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June 11, 2020
PM 20-13: EOIR Practices Related to the COVID-19 Outbreak
EOIR updates the memo on June 11, 2020, superseding prior guidance. The new guidance includes a new requirement that all visitors wear masks. The memo also provides that, once non-detained hearings resume at a given court, it will no longer accept email filings and will deactivate the email address 60 days thereafter.
View Document -
September 11, 2020
Addendum to Policy Memorandum 20-13
Through an addendum, PM 20-13 is modified to clarify the language as it applies to the Ulster Immigration Court specifically and to rescind certain language involving OCAHO email filings.
View Document -
EOIR Operational Status
EOIR updates that “[a]s previously announced, certain immigration courts have resumed non-detained hearings. Hearings in non-detained cases at courts without an announced date are postponed through, and including, October 16, 2020.”
Go to article on justice.gov
Biden Administration Action: Modified
November 8, 20212021.11.08 Updated Guidance on EOIR’s Response to the COVID-19 Outbreak
On November 8, 2021, EOIR Director David Neal issued a Director's memorandum rescinding Policy Memorandum 20-13 and announcing that all future immigration court operation updates related to the COVID-19 pandemic will be posted on EOIR's website.
View DocumentCurrent Status
Not in effectMost Recent Action
November 8, 2021 Action: Modified 2021.11.08 Updated Guidance on EOIR’s Response to the COVID-19 OutbreakNovember 8, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: ReplacedTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
- New Policy
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Subsequent Action
Original Source:
PM 20-13: EOIR Practices Related to the COVID-19 Outbreak
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Subsequent Action
Original Source:
Addendum to Policy Memorandum 20-13