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Original Date Announced
September 5, 2025EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-44, "Procedures for Going Off-the-Record During Immigration Court Proceedings," to establish procedures that must be followed by immigration judges (IJs) if an off-the-record discussion occurs. The PM cancels and replaces OPPM 03-06, which was issued under the Biden administration, stating that the prior guidance "was largely founded on other OPPMs that have now been cancelled."
The PM states that IJs should limit all off-the-record dialogue, though they may permit such discussions "when necessary to the appropriate consideration of the relevant case." The decision to authorize off-the-record dialogue is at the IJ's discretion and can also be requested by the parties. When going off-the-record, an IJ must clearly state on the record that the parties know the recording system is being turned off; upon returning to the record, the IJ must summarize the contents of the off-the-record dialogue, and ask the parties if the summary is true and complete. The parties must also be given the opportunity to amend the IJ's summary as needed.
Trump 2.0 [ID #2013]
2025.09.05 EOIR PM 25-44 - Procedures for Going Off-the-Record During Immigration Court ProceedingsEffective Date
September 5, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRPre Trump-Era Policies
Documents
Trump-Era Policy Documents
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