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2.0

EOIR Acting Director rescinds guidance on language access in immigration court

  1. Original Date Announced

    February 6, 2025

    The EOIR Acting Director issued PM 25-20, rebuking and rescinding DM 23-02, Language Access in Immigration Court. The rescinded memo provided guidance to IJs to ensure noncitizens with limited proficiency in English were provided with in-court interpretation in their preferred language and had "reasonable access to out-of-court translation services" to assist them in completing applications, accessing legal resources, or reading case-related documents.

    PM 25-20 criticizes DM 23-02 as "inappropriate" and legally "questionably," asserting that "direction to Immigration Judges to gather evidence outside of court exceeds the authority of both a DM to order and an Immigration Judge to execute." The memo also argues that many respondents may not need language access services or might choose to waive them. The memo goes on to clarify that the rescission of DM 23-20 does not reinstate the prior 2004 guidance on the topic, OPPM 04-08, but the agency will rely instead on the recently updated DOJ Language Access Plan, which was revised in January 2025.

    Trump 2.0 [ID# 1519]

    2025.02.06 - PM 25-20: Cancellation of Director's Memorandum 23-02 2025.01 DOJ - Language Access Plan
  2. Effective Date

    February 6, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: EOIR

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com