Tracking Notable Executive Branch Action during the Second Trump Administration
This page tracks select changes to immigration-related regulations and policy that have been proposed or promulgated by the second Trump Administration. AILA is analyzing these orders and other executive actions to provide guidance and share analysis with AILA members.
Additional resources for AILA members:
- Practice Pointers and Alerts
- Featured Issue Page to Help Members Prepare for Changes under the Second Trump Administration
- "Know Your Rights" Flyer to Share with Clients and Communities (translated versions are coming soon)
- Policy Brief: Trump Administration Day One Executive Orders
Please Note: Information found on this page does not constitute legal advice. Material found here is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, or for independent research based on statutory and regulatory authorities; case law; policy guidance; and, for procedural issues, federal government websites.
Browse the Tracking Notable Executive Branch Action during the Second Trump Administration collection
EOIR Rescinds Memo on Language Access in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-20 rescinding and canceling the 6/6/23 Director’s Memorandum (DM) 23-02, which provided guidance to IJs regarding language access issues in immigration court proceedings.
EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-19 stating that EOIR is committed to re-establishing a robust and effective Anti-Fraud Program that will provide resources to employees on how to identify and report suspected fraud, coordinate with investigative authorities, and more.
EOIR Reinstates Memo on Legal Advocacy by Non-Representatives in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-18 rescinding the 5/5/22 Director’s Memorandum (DM) 22-06 and reinstating the 11/21/19 PM 20-05, which reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
EOIR Rescinds Memo Providing Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-16 that rescinds the 9/28/23 Director’s Memorandum (DM) 23-04, which provided guidance to EOIR adjudicators on DHS enforcement priorities and prosecutorial discretion initiatives.
EOIR Issues Memo on Office of Legal Access Programs
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-15 to clarify questions regarding the status and function of EOIR’s Office of Legal Access Programs (OLAP), including information on the Legal Orientation Program (LOP).
EOIR Issues Memo Reinstating Prior Guidance on Child Advocates in Immigration Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-14, rescinding a 2023 Director’s Memorandum (DM) that directed IJs to accept certain filings as evidence and to allow certain witnesses to testify, and reinstating the 11/15/19 PM 20-03, “Child Advocates in Immigration Proceedings.”
EOIR Issues Memo on the Office of the Chief Administrative Hearing Officer
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-13 in order to reset EOIR policy toward the Office of the Chief Administrative Hearing Officer and “reiterate EOIR’s commitment to fair treatment of its components and employees.”
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
EOIR Issues Memo on Laken Riley Act
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-11 providing guidance on provisions of the Laken Riley Act, which was signed into law by President Trump on 1/29/25, that are directly relevant to EOIR operations.
EOIR Reinstates Memo with Guidelines for Immigration Court Cases Involving Juveniles
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-10 rescinding and canceling the 12/21/23 Director’s Memorandum (DM) 24-01 and reinstating the 12/20/17 Operating Policies and Procedures Memorandum (OPPM) 17-03 with guidelines for immigration court cases involving juveniles.
EOIR Rescinds Memo with Guidance on DHS Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-09, which states that it is rescinding and canceling the 6/11/21 PM 21-25 that provided EOIR policies regarding the effect of DHS enforcement priorities and the use of prosecutorial discretion.
EOIR Reinstates Policy Memo on Pro Bono Legal Services
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-08, which rescinds and cancels the 11/5/21 Director’s Memorandum (DM) 22-01 and reinstates the 12/10/20 PM 21-08 that consolidated and updated EOIR policies related to pro bono legal services.
EOIR Rescinds Policy Memo on Updated Terminology Regarding Noncitizens
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-07, which rescinds and cancels the 7/23/21 PM 21-27 that had updated the agency’s use of terminology regarding noncitizens and had directed the agency not to use terms like “alien,” “unaccompanied alien,” or “illegal alien.”
EOIR Rescinds and Cancels OPPM on Enforcement Actions in or near OCIJ Space
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-06, “Cancellation of Operating Policies and Procedures Memorandum 23-01,” which rescinds and cancels the 12/11/23 OPPM providing guidance on DHS enforcement actions in or near Office of the Chief Immigration Judge (OCIJ) space.
EOIR Rescinds and Cancels Policy Memo on Migrant Protection Protocols and Motions to Reopen
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-05, “Cancellation of Policy Memorandum 21-26,” rescinding and canceling the 6/24/21 PM 21-26, “Migrant Protection Protocols and Motions to Reopen,” which addressed EOIR-related aspects of the Migrant Protection Protocols (MPP).
EOIR Rescinds and Cancels Director’s Memorandum on EOIR’s Response to COVID-19
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-03, “Cancellation of Director’s Memorandum 22-02,” which rescinds and cancels the 11/8/21 Director’s Memorandum (DM) 22-02, “Updated Guidance on EOIR’s Response to the COVID-19 Outbreak.”
EOIR Issues Policy Memo on EOIR’s Core Policy Values
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-02, “EOIR’s Core Policy Values,” providing general guidance regarding EOIR’s foundational values for formulating policies. It also addresses “specific situations which have undermined or contradicted those values in recent years.”
EOIR Rescinds Policy Memorandum That Rescinded and Canceled Policy Memo on Case Processing at the BIA
EOIR Acting Director Sirce Owen issued a policy memo that rescinds and cancels Policy Memorandum (PM) 21-16, which had rescinded and canceled the 10/1/19 PM 20-01 entitled “Case Processing at the Board of Immigration Appeals.” The memo notes that PM 20-01 remains rescinded and canceled.