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2.0

EOIR Director rescinds five PMs deemed unnecessary or potentially confusing

  1. Original Date Announced

    May 29, 2026

    EOIR Director Daren Margolin issued Policy Memorandum (PM) 26-05 to rescind five Policy Memos deemed "unnecessary and potentially confusing."

    • PM 21-17, Cancellation of Policy Memorandum 21-05: This memo rescinded PM 21-05, which laid out a new case flow processing model for non-status removal cases involving non-detained individuals, in light of subsequent guidance updating the case flow processing model for the immigration courts.
    • PM 21-19, Cancellation of Policy Memoranda 19-02 and 19-03: This memo rescinded PM 19-02 and 19-03, which were related to the interim final rule titled “Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claim.” 83 Fed. Reg. 55934 (Nov. 9, 2018). PM 19-02 and 19-03 were cancelled after a district court vacated the rule.
    • PM 21-20, Cancellation of Policy Memorandum 19-12: This memo rescinded PM 19-12, which was related to the final rule titled “Asylum Eligibility and Procedural Modifications.” 85 Fed. Reg. 82260 (Dec. 17, 2020). PM 19-12 was cancelled after a district court enjoined the final rule.
    • PM 21-21, Cancellation of Policy Memorandum 20-04: This memo rescinded PM 20-04, which was related to the interim final rule titled “Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act.” 84 Fed. Reg. 63994 (Nov. 19, 2019). PM 20-04 was cancelled after the Department of State announced the suspension and termination of existing asylum cooperative agreements with El Salvador, Guatemala, and Honduras.
    • PM 21-22, Cancellation of Policy Memorandum 21-09: This memo rescinded PM 21-09, which was related to the final rule titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” 85 Fed. Reg. 80274 (Dec. 11, 2020). PM 21-09 was cancelled because the final rule was enjoined before taking effect.

    The memo states that the cancellation and rescission of these PMs does not reinstate any of the earlier PMs that had been rescinded and cancelled.

    Trump 2.0 [ID #2309]

    2026.05.29 EOIR PM 26-05: Cancellation of Memoranda

  2. Effective Date

    May 29, 2026

Current Status

None

Original Trump Policy Status

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

Documents

Trump-Era Policy Documents

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