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Original Date Announced
August 22, 2025EOIR has issued Policy Memorandum (PM) 25-42, which largely reiterates and clarifies ideas of adjudicator impartiality and independence found in PM 21-15 from the first Trump Administration. The Memorandum emphasizes limits on adjudicators' discretion to respond to "particularly sympathetic or unsympathetic allegations" and adjudicators' lack of "equitable" authority. It also states that adjudicators should not "provide preferential treatment to one party over another or to provide a procedural advantage to one party at the expense of another." The memo also reinforces that "media stories, public clamor, partisan inquiries, pressure from outside groups, or pressure from other employees or officials" are inappropriate factors for rendering a decision.
Moreover, PM 25-42 highlights the supervisory authority of the Attorney General, who has the power to appoint and remove inferior officers. An adjudicator who "abandons neutrality" may be subject to corrective action or discipline. Evidence of "systematic bias or failure to adhere to applicable law," such as statistically improbable outcome metrics or adjudicatory outliers, could lead to close scrutiny and action.
Trump 2.0 [ID# 1937]
2025.08.22 EOIR PM 25-42 - Adjudicator Independence and ImpartialityEffective Date
August 22, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRPre Trump-Era Policies
- January 19, 2021 2021.01.19 EOIR PM 21-15 - Adjudicator Independence and Impartiality
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
EOIR PM 25-42 - Adjudicator Independence and Impartiality
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Prior Policy
Original Source:
2021.01.19 EOIR PM 21-15 - Adjudicator Independence and Impartiality
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com