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Original Date Announced
December 20, 2017EOIR issues Operating Policies and Procedures Memorandum (OPPM) 17-03, revising guidelines for adjudicating cases involving "unmarried children under the age of 18." This OPPM supersedes and removes certain child-friendly guidance in the preceding OPPM 07-01, and it reminds immigration judges that children are still subject to legal standards on credibility and burden of proof and that judges need to be vigilant about "fraud and abuse" in the immigration court system. The OPPM applies both to child respondents and child witnesses.
[ID #153]
EOIR: Operating Policies and Procedures Memorandum 17-03: Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Alien ChildrenEffective Date
December 20, 2017Biden Administration Action: Revoked/Replaced
December 21, 2023Director's Memorandum 24-01, Children's Cases in Immigration Court
On December 21, 2023, the Director of the Executive Office for Immigration Review (EOIR) released Director's Memorandum (DM) 24-01, entitled "Children's Cases in Immigration Court." DM 24-01 outlines updated guidance for EOIR adjudicators and personnel working on immigration court cases where the lead or sole respondent or witness is a child.
This Director's Memorandum supersedes and rescinds OPPM 17-03, which was issued during the Trump administration and is the subject of the original policy entry. DM 24-01 recognizes increased protections for children and youth in immigration court, including limiting circumstances in which courts can proceed in absentia, maintaining child-friendly courtroom procedures, and providing specialized training to immigration judges (IJs). Additionally, DM 24-01 requires IJs to inform children of any relief from removal for which they may be eligible and to automatically request a 30-day continuance for children who fail to appear at their master calendar hearings or subsequent proceedings.
View DocumentCurrent Status
Not in effectMost Recent Action
December 21, 2023 Action: Revoked/Replaced Director's Memorandum 24-01, Children's Cases in Immigration CourtDecember 21, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRPre Trump-Era Policies
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May 22, 2007
The memo rescinds and replaces OPPM 07-01, Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children, dated May 22, 2007.
OPPM 07-01, Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
LIST OF EOIR DIRECTOR'S MEMORANDA
Commentary
CLINIC: EOIR revises guidance on immigration court cases involving juveniles
Go to articleABA Chart Comparing DM 24-01 and OPPM 17-03
The American Bar Association’s Children’s Immigration Law Academy (CILA) created a chart that summarizes changes made by Director’s Memorandum (DM) 24-01, Children’s Cases in Immigration Court, and highlights important differences between DM 24-01 and guidelines enacted during the Trump administration for managing children's cases in immigration court (OPPM 17-03). OPPM 17-03 was formally superseded and rescinded by DM 24-01.
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