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2.0

EOIR Acting Director issues guidance on the use of generative AI in EOIR proceedings

  1. Original Date Announced

    August 8, 2025

    EOIR 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 Proceedings
  2. Effective Date

    August 8, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Documents

Trump-Era Policy Documents

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