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Original Date Announced
August 8, 2025EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-40 on the use of generative AI in EOIR proceedings. The PM indicates EOIR might pursue rulemaking to provide further guidance on the use of AI, while the BIA might establish guidelines through a published precedential decision. The PM clarifies that EOIR has neither a blanket prohibition on AI nor a mandatory disclosure policy when using AI.
However, the PM warns that "[f]or attorneys who choose to use generative AI tools in the preparation of legal filings in any proceeding before EOIR, that use has the potential to implicate applicable rules of professional conduct, as well as associated ethics rules." The PM cautions that improper use of generative AI could result in "hallucinated" legal citations or arguments, warning that attorneys who submit hallucinated or erroneous AI-generated content in filings "likely violate professional conduct obligations, and attorneys who submit such content to an Immigration Court or the BIA may be subject to discipline." EOIR adjudicators who suspect improper use of AI should refer cases to the EOIR Attorney Discipline Program and its Anti-Fraud Program.
Trump 2.0 [ID #2087]
2025.08.08 EOIR PM 25-40 - Use of Generative AI in ProceedingsEffective Date
August 8, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIR
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
EOIR PM 25-40 - Use of AI in Proceedings
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