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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Notably, PM 25-09 makes no reference to an intervening memorandum, DM 23-04, which had already rescinded PM 21-25.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(s)
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February 3, 2025
2025.02.03 - 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EOIR's Acting Director (clearly realizing that PM 25-09 rescinded the wrong memo on DHS enforcement priorities and prosecutorial discretion) issued PM 25-16, rebuking and rescinding DM 23-04.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 Document
Current 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