Through Policy Memo 20-03, EOIR issues guidance limiting the role of child advocates in unaccompanied alien children (UAC) cases, stating that "neither the statute nor applicable regulations provide a formal mechanism for a child advocate to appear before an immigration judge." The guidance prohibits IJs from treating a child advocate as the legal representative of a UAC.
EOIR Policy Memo 20-03 memorializes EOIR’s policy regarding child advocates as outlined in 8 U.S.C. § 1232(c)(6). Under the statute, "[t]he Secretary of Health and Human Services is authorized to appoint independent child advocates for child trafficking victims and other vulnerable unaccompanied alien children. A child advocate shall be provided access to materials necessary to effectively advocate for the best interest of the child. The child advocate shall not be compelled to testify or provide evidence in any proceeding concerning any information or opinion received from the child in the course of serving as a child advocate. The child advocate shall be presumed to be acting in good faith and be immune from civil liability for lawful conduct of duties as described in this provision."
Register if you don't have a user name and password.
Reflects degree to which the Trump-era policy remains in effect today.
Trump-era policies that have not been altered or eliminated.
Policies that have not been fully eliminated but are not in effect in their original substance. They may have been amended, updated with changes, or eliminated or enjoined in some jurisdictions or with respect to some affected parties but not others.
Policies that have expired or been fully rescinded, replaced, enjoined, etc., or that were proposed but never were finalized.
Indicates the entity that caused the action reflected in Type of Action. "Others" may include the Trump administration, Congress, unions, etc.--i.e., any actor other than the courts or the Biden Administration.
Indicates the process or action by which a policy ceased to be in effect or became partially in effect. If no such action or process has take place, or if the policy has been ratified, it is fully in effect.