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Original Date Announced
August 28, 2025EOIR issued a final rule eliminating prior regulatory requirements for the appointment of Temporary Immigration Judges (TIJs). The rule amends 8 CFR § 1003.10(e)(1) to permit the EOIR Director, with the approval of the Attorney General, to designate or select "any attorney" to serve as a TIJ for a renewable term not to exceed six months. Prior to this rule, TIJs were limited to "former IJs and Appellate Immigration Judges, EOIR administrative law judges (ALJ) or ALJs retired from EOIR, ALJs from other Executive Branch agencies with the consent of their agencies, and [DOJ] attorneys with at least 10 years of legal experience in the field of immigration law." The new requirements mirror those for hiring a permanent IJ.
The final rule also replaces "noncitizen" with "alien" and "unaccompanied child" with "unaccompanied alien child" in a number of EOIR regulations.
Trump 2.0 [ID #1969]
2025.08.28 EOIR Final Rule - Designation of Temporary Immigration JudgesEffective Date
August 28, 2025Subsequent Trump and Court Action
September 2, 20252025.09.02 Reported: Pentagon authorizes up to 600 military lawyers to serve as temporary immigration judges - AP News
The Associated Press reports that Defense Secretary Pete Hegseth approved sending up to 600 military lawyers to the Department of Justice to serve temporarily as immigration judges according to a memo AP reviewed. The moves, which will occur "as soon as possible," come as over 100 immigration judges have left or been fired since President Trump took office in January 2025.
Note that the Pentagon memo was reportedly dated August 27, but this entry is dated September 2 to avoid sequencing confusion with TIJ Final Rule.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Hearings and AdjudicationsPre Trump-Era Policies
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July 11, 2014
Prior version of 8 CFR § 1003.10(e)(1).
8 CFR 1003.10 (2024 ed)
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
8 CFR 1003.10 (1-1-24 Edition)
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com