EOIR PM 25-14

OOD PM 25-14 Effective: January 31, 2025 To: All of EOIR From: Sirce E. Owen, Acting Director Date: January 31, 2025 CANCELLATION OF DIRECTOR’S MEMORANDUM 23-03 AND REINSTATEMENT OF POLICY MEMORANDUM 20-03 PURPOSE: Rescind and Cancel Director’s Memorandum 23-03 and Reinstate Policy Memorandum 20-03 OWNER: Office of the Director AUTHORITY: 8 C.F.R. § 1003.0(b) CANCELLATION: Director’s Memorandum 23-03 On July 5, 2023, the EOIR Director issued Director’s Memorandum (DM) 23-03, rescinding Policy Memorandum (PM) 20-03, Child Advocates in Immigration Proceedings. No reason was given for the rescission, and none is readily apparent; in fact, parts of PM 20-03 are contained in DM 23-03 without acknowledgment or explanation. Moreover, DM 23-03 directed Immigration Judges to take certain actions, including directing them to accept certain filings as evidence and directing them to allow certain witnesses to testify, regardless of any underlying facts or issues. Such action is beyond the authority of the EOIR Director and a memorandum to order, and it grossly infringes on an Immigration Judge’s decisional independence to decide a case.

Overall, in the absence of any reasonable explanation for the change by DM 23-03 and in light of current Executive Branch policies and the inherent flaws in DM 23-03, retaining that Memorandum is inappropriate. Accordingly, DM 23-03 is rescinded and cancelled, and PM 20-03 is reinstated. Any references in PM 20-03 that have been subsequently superseded should be read to refer to current sources now in effect. This PM is not intended to, does not, and may not be relied upon to create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Nothing herein should be construed as mandating a particular outcome in any specific case. Nothing in this PM limits an adjudicator’s independent judgment and discretion in adjudicating cases or an adjudicator’s authority under applicable law. Please contact your supervisor if you have any questions. 1