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Original Date Announced
September 5, 2025EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-45, “Consideration of Constitutional Arguments in Agency Adjudications,” to provide guidance to adjudicators confronted with constitutional issues.
The PM states that EOIR adjudicators may generally consider arguments arising out of constitutional law and should faithfully apply established relevant precedent. It notes that EOIR has historically held that it cannot adjudicate challenges related to the constitutionality of statutes, though it can address constitutional challenges to the application of statutes. However, the PM states that this distinction between constitutional challenges to a statute itself and challenges to the application of a statute is questionable after recent Supreme Court precedent.
The PM further directs EOIR adjudicators to maintain familiarity with established jurisprudence on constitutional law issues likely to arise in proceedings before them, as well as situations in which Supreme Court decisions may have superseded EOIR precedent.
Trump 2.0 [ID #2014]
2025.09.05 EOIR PM 25-45 - Consideration of Constitutional Arguments in Agency AdjudicationsEffective Date
September 5, 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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