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2.0

Reported: EOIR issues guidance to immigration judges on case adjudication

  1. Original Date Announced

    May 30, 2025

    In connection with new ICE enforcement practices in or near immigration courts, which involve ICE Trial Attorneys moving to dismiss pending cases so that they can instead be processed for expedited removal, AILA reports that EOIR leadership sent an email to Assistant Chief Immigration Judges to “ensure the expeditious adjudication of cases.” The guidance states that cases should not be reset for oral decision and that oral decisions “must be completed within the same hearing slot on the day testimony and arguments are concluded.” It also advises that “Motions to Dismiss may be made orally and decided from the bench,” without additional documentation or briefing. Finally, the guidance asks judges to ensure familiarity with Policy Memo 25-06, which authorizes ICE enforcement actions in EOIR space.

    AILA states that the email instruction conflicts with 8 CFR 1003.23, which specifies that final orders of immigration judges “shall be in writing”; inaccurately quotes regulation governing cancellation of notices to appear; and improperly provides, in conflict with immigration court practice manual, that a 10-day response period to a filing for master calendar hearings is not required.

    Trump 2.0 [ID #1809]

    2025.05.30 Reported: EOIR issues guidance to immigration judges on dismissals and other case adjudications
  2. Effective Date

    May 30, 2025
  3. Subsequent Trump and Court Action

    May 30, 2025

    2025.05.30 Reported: Email Memo - Ximena Bustillo

    Ximena Bustillo, a reporter at NPR, posted screenshots of the reported email memo on X.

    View Document

Current Status

None

Original Trump Policy Status

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

Commentary

  • 2025.06.11 Trump admin tells immigration judges to dismiss cases in tactic to speed up arrests - NBC

    NBC summarizes the reported email memo and reactions by immigration judges, advocates, and former government officials.

    Go to article

Documents

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