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EOIR reaffirms amici cannot engage in legal advocacy before IJs

  1. Original Date Announced

    November 21, 2019

    In Policy Memo 20-05, EOIR reaffirms its policy of not allowing individuals to appear in immigration court and engage in legal advocacy without being officially recognized as a respondent's legal representative. The policy memo states that individuals appearing as amici curiae (friends of the court) are not an exception.

    [ID #225]

    EOIR Memo: Legal Advocacy by Non-Representatives in Immigration Court
  2. Effective Date

    November 21, 2019
  3.  
  4. Biden Administration Action: Revoked/Replaced

    May 5, 2022

    2022.05.05 EOIR DM 22-06

    This Biden administration action rescinds the Trump-era policy identified in this entry.

    On May 5, 2022, EOIR Director David Neal issued Director's Memorandum 22-06 on EOIR's Friend of the Court policy. This Memo cancels Policy Memorandum 20-05, and states that EOIR "welcomes and encourages the participation of Friends of the Court in all types of immigration court proceedings involving unrepresented respondents." The memo lays out guidance for Immigration Court judges and administrators in accommodating attorneys providing assistance to respondents through a Friend of the Court model.

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Current Status

Not in effect
May 5, 2022
Acted on by Biden Administration

Original Trump Policy Status

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

Pre Trump-Era Policies

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