Immigration Courts Shift Policies

The Acting EOIR Director issued a flurry of policy memoranda eroding independence and procedural due process rights of individuals in the immigration court system. Some of the more notable memoranda include identifying immigration judges and appellate immigration judges as inferior officers, rescinding a 2023 policy that prohibited enforcement actions from occurring in or near immigration courts, rescinding 2021 policies intended to protect minors in removal proceedings, and rescinding a 2023 memorandum that encouraged IJs to ask questions related to prosecutorial discretion. The identification of immigration judges as inferior officers suggests that they report to the President, can be easily fired, and may exercise less judicial independence.