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2.0

EOIR announces removal restrictions may not apply to judges and agency leaders

  1. Original Date Announced

    February 21, 2025

    On February 20, 2025, the Department of Justice notified Congress of its position that removal restrictions on Administrative Law Judges (ALJs) are not constitutional.

    On February 21, 2025, the EOIR Acting Director issued PM 25-23 to observe that similar removal restrictions exist for other inferior officers in the agency and announced that "EOIR may decline to recognize those restrictions" if they are also deemed unconstitutional. In other words, removal restrictions regarding the EOIR Director, Deputy Director, all judges (trial, appellate, and managerial), certain Senior Executive Service positions, and possibly "other positions" may be deemed unconstitutional and will not be recognized or defended.

    The memorandum also asserts that determinations regarding removal restrictions will not necessarily impact on the validity of adjudications made by a removed judge.

    Trump 2.0 [ID #1564]

    2025.02.20 Justice Department letter on removal restrictions pertaining to ALJs 2025.02.21 EOIR PM 25-23 - Inferior Officer Removal Restrictions
  2. Effective Date

    February 21, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

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