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EOIR cuts back on child-friendly practices in immigration court

  1. Original Date Announced

    December 20, 2017

    EOIR 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 Children
  2. Effective Date

    December 20, 2017
  3.  
  4. Biden Administration Action: Revoked/Replaced

    December 21, 2023

    Director'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.

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Current Status

Not in effect

Most Recent Action

December 21, 2023 Action: Revoked/Replaced Director's Memorandum 24-01, Children's Cases in Immigration Court
December 21, 2023
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

Commentary

  • CLINIC: EOIR revises guidance on immigration court cases involving juveniles

    Go to article
  • ABA 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.

    Go to article

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