EOIR Issues Guidance After DHS Issued Updated Enforcement Priorities and Initiatives
On September 28, EOIR issued a Director’s Memorandum (DM) that provides guidance to adjudicators on the enforcement priorities and exercises of prosecutorial discretion of DHS. This DM rescinded Policy Memorandum 21-25. This guidance became effective 9/28/23.
EOIR issued a memo that provides EOIR policies regarding the effect of DHS’s updated enforcement priorities and initiatives. Memo is effective as of 6/11/21.
The EOIR memo states:
“Overall, these memoranda explain that DHS will exercise discretion based on individual circumstances and pursue these priorities at all stages of the enforcement process. This includes a wide range of enforcement decisions involving proceedings before EOIR, such as deciding whether to issue, reissue, serve, file, or cancel Notices to Appear; to oppose or join respondents’ motions to continue or to reopen; to request that proceedings be terminated or dismissed; to pursue an appeal before the Board of Immigration Appeals (BIA); and to agree or stipulate to bond amounts or other conditions of release. Accordingly, these memoranda are likely to affect many cases currently pending on the immigration courts’ and BIA’s dockets.”