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Original Date Announced
May 22, 2026EOIR Director Daren Margolin issued Policy Memorandum (PM) 26-04 to rescind two Policy Memos and one Director Memo (DM) that it deemed outdated or unnecessary:
- PM 20-16, OCAHO Settlement Officer Program: The memo created a settlement officer program for cases pending before the Office of the Chief Administrative Hearing Officer (OCAHO). PM 26-04 states that the tenets of PM 20-16 have since been codified in applicable regulations.
- PM 20-06, Section 7611 of the National Defense Authorization Act of 2020, Public Law 116-92: This memo provided guidance on a temporary amnesty program for certain Liberian nationals. PM 26-04 states that because the application period for the program closed in 2021, PM 20-06 is consequently mostly outdated, although the underlying law still applies in relevant cases.
- DM 22-08, The Asylum Procedures Rule: The directive provided guidance on a 2022 interim final rule, which (1) allowed USCIS to adjudicate, in the first instance, certain asylum claims made by noncitizens found to have credible fears of persecution or torture; and (2) where USCIS declines to grant such a claim, placed the noncitizen in streamlined removal proceedings before an immigration judge. PM 26-04 states that because EOIR adjudicators are now familiar with the rule and DHS has stopped using and plans to rescind the process, the guidance is no longer needed. The PM also opines that EOIR doubts the rule was lawful and would not be willing to defend it in federal court litigation.
Trump 2.0 [ID #2281]
2026.05.22 EOIR PM 26-04: Cancellation of MemorandaEffective Date
May 22, 2026Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT Humanitarian Employment Verification LaborAgencies Affected: EOIRPre Trump-Era Policies
- January 13, 2020 2020.01.13 EOIR - PM 20-06
- August 3, 2020 2020.08.03 EOIR - PM 20-16
- August 26, 2022 2022.08.26 EOIR - DM 22-08
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2026.05.22 EOIR PM 26-04: Cancellation of Memoranda
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Prior Policy
Original Source:
2020.01.13 EOIR - PM 20-06
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Prior Policy
Original Source:
2020.08.03 EOIR - PM 20-16
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Prior Policy
Original Source:
2022.08.26 EOIR - DM 22-08
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