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COVID-19: EOIR sets immigration court practices during outbreak

  1. Original Date Announced

    March 18, 2020

    EOIR 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 Outbreak
  2. Effective Date

    March 18, 2020
  4. Biden Administration Action: Modified

    November 8, 2021

    2021.11.08 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 Document

Current Status

Not in effect
November 8, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Replaced
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Associated or Derivative Policies

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