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2.0

EOIR issues PM 26-03 to clarify EOIR's Judicial Complaint Process

  1. Original Date Announced

    March 20, 2026

    EOIR Director Daren Margolin issued Policy Memorandum (PM) 26-03, "Judicial Conduct and Professionalism," clarifying EOIR's process for addressing complaints of judicial misconduct by its adjudicators.

    The PM states that complaints against EOIR adjudicators may originate in one of three ways:

    1. Formal Written Complaint: any individual or group may file a formal written complaint directly with EOIR.
    2. Governmental Referral: an EOIR or DOJ component, or another U.S. government agency, may refer information to EOIR pertaining to an adjudicator who may be engaged in judicial misconduct.
    3. Information from Any Source (IAS): an EOIR supervisor or manager who learns of possible judicial misconduct may refer the matter to the Judicial Conduct and Professionalism Unit. This information may come from a variety of sources, including news reports, federal court decisions, agency reviews, or routine supervisory work.

    The PM explains the format, intake, review, and investigation process for each complaint category. It states that disagreements with the merits of a decision are not valid complaints of adjudicator misconduct, and that complaints lacking credible misconduct claims will not be docketed. It further states that EOIR "does not tolerate the weaponization of the JCP," claiming that from 2021 to 2024 EOIR "appears to have approved the weaponization of the JCP in order to establish a questionable pretextual basis to remove certain adjudicators with whom it had personal or policy disagreements, rather than due to genuine misconduct."

    The PM also warns that EOIR complaint officials should be mindful of any "bias, animus, or inappropriate motive" in information that is critical of judges and that "retaliatory complaints" against judges may be subject to attorney discipline.

    Trump 2.0 [ID #2245]

    2026.03.20 EOIR PM 26-03- EOIR's Judicial Complaint Process

  2. Effective Date

    March 20, 2026

Current Status

None

Original Trump Policy Status

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

Documents

Trump-Era Policy Documents

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