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Original Date Announced
January 29, 2025EOIR's Acting Director issued PM 25-09, rebuking and rescinding PM 21-25. The earlier memo, issued subsequent to DHS' issuance of related memoranda, provided guidance to judges and the BIA on DHS enforcement priorities and the use of prosecutorial discretion.
PM 25-09 criticizes PM 21-25 as having "impermissibly injected EOIR . . . into the core prosecutorial functions of DHS,” and characterizes the prior memo as “pressuring DHS to adopt a particular position” and “eroding” the judges' independence. PM 25-09, citing the cancellation of the related DHS memoranda, finds no basis for PM 21-25 and rescinds it.
Notably, PM 25-09 makes no reference to an intervening memorandum, DM 23-04, which had already rescinded PM 21-25. In light of the position taken in PM 25-09, it is unlikely the intervening memo remains in force but that is unclear.
Trump 2.0 [ID #1470]
2025.01.29 EOIR PM 25-09 Cancellation of Policy Memorandum 21-25Effective Date
January 29, 2025Subsequent Trump and Court Action
February 3, 20252025.02.03 - PM 25-16: Cancellation of Director's Memorandum 23-04
EOIR's Acting Director (clearly realizing that PM 25-09 rescinded the wrong memo on DHS enforcement priorities and prosecutorial discretion) issued PM 25-16, rebuking and rescinding DM 23-04.
Rehashing the earlier condemnation of the Biden era guidance on this subject, PM 25-16 criticizes DM 23-04 as having "compromised the decisional independence of EOIR adjudicators, improperly crossed the line separating EOIR and DHS’s distinct functions, and turned EOIR into a results-oriented subcomponent of DHS, rather than a truly impartial adjudicatory body."
View DocumentSubsequent Trump and Court Action
August 18, 20252025.08.18 Reported: The Federal Government Has Moved to Reopen Thousands of Paused Immigration Cases Nationwide - Gothamist
The Gothamist reports that the federal government has filed nearly 49,000 motions to recalendar immigration cases that had been administratively closed. The figure is 1.5 times greater than the number of such motions under the first Trump administration, and nearly six times the number under the Biden administration.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsPre Trump-Era Policies
- June 11, 2021 EOIR PM 21-25: Effect of DHS Enforcement Priorities
- December 28, 2023 EOIR DM 23-04 DHS Enforcement Priorities and Prosecutorial Discretion Initiatives
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
PM 25-09: Cancellation of Policy Memorandum 21-25
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Prior Policy
Original Source:
PM 21-25: Effect of DHS Enforcement Priorities
- Prior Policy
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Subsequent Action
Original Source:
PM 25-16: Cancellation of Director's Memorandum 23-04
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com