EOIR Cancels Trump-Era Policy Memos (May 14, 2021)

PM 21-19: "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memoranda (PM) are rescinded: 1. PM 19-02, Guidelines Regarding New Regulations Governing Asylum and Protection Claims 2. PM 19-03, Guidelines Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States PM 19-02 and 19-03 were issued in relation to the publication of the interim final rule titled “Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claim,” 83 Fed. Reg. 55,934 (Nov. 9, 2018). On August 2, 2019, the U.S. District Court for the District of Columbia vacated the rule. See O.A. v. Trump, 404 F. Supp. 3d 109 (D.D.C. 2019), appeal filed, No. 19-5272 (D.C. Cir. Oct. 11, 2019). The revocation of PM 19-02 and 19-03 is consistent with the district court’s vacatur and section 4(a)(ii)(C) of Executive Order 14010 (Feb. 2, 2021), which instructed the Attorney General to review agency memoranda issued in reliance on the rule."

PM 21-20: "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memorandum (PM) is rescinded: 1. PM 19-12, Guidance Regarding New Regulations Governing Asylum and Protection Claims PM 19-12 was issued in relation to the publication of the interim final rule titled “Asylum Eligibility and Procedural Modifications,” 84 Fed. Reg. 33,829 (July 16, 2019), subsequently finalized, with some revisions, by the final rule titled “Asylum Eligibility and Procedural Modifications,” 85 Fed. Reg. 82,260 (Dec. 17, 2020). The Northern District of California enjoined the interim final rule and the final rule. See East Bay Sanctuary Covenant v. Barr, 385 F. Supp. 3d 922 (N.D. Cal. 2019) order reinstated, 391 F. Supp. 3d 974 (N.D. Cal. 2019), aff'd, 964 F.3d 832 (9th Cir. 2020); East Bay Sanctuary Covenant v. Barr, No. 19-cv-04073 (N.D. Cal. Feb. 16, 2021). The interim final rule was also vacated by the District Court of the District of Columbia. See Capital Area Immigrants’ Rights Coalition v. Trump, 471 F. Supp. 3d 25 (D.D.C. 2020). The revocation of PM 19-12 is consistent with the court orders and with section 4(a)(ii)(C) of Executive Order 14010 (Feb. 2, 2021), which instructed the Attorney General to review agency memoranda issued in reliance on the rule."

PM 21-21: "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memorandum (PM) is rescinded: 1. PM 20-04, Guidelines Regarding New Regulations Providing for the Implementation of Asylum Cooperative Agreements PM 20-04 was issued in relation to the publication of the interim final rule titled “Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act,” 84 Fed. Reg. 63,994 (Nov. 19, 2019). The revocation of PM 20-04 is consistent with section 4(a)(ii)(D) of Executive Order 14010 (Feb. 2, 2021), which instructed the Attorney General to review agency memoranda issued in reliance on the rule and announced the United States’ intention to suspend and terminate existing asylum cooperative agreements (ACAs) with El Salvador, Guatemala, and Honduras. The Department of State subsequently announced the immediate suspension and forthcoming termination of those ACAs. See Press Statement, Antony J. Blinken, Secretary of State, Department of State, Suspending and Terminating the Asylum Cooperative Agreements with the Governments El Salvador, Guatemala, and Honduras (Feb. 6, 2021), https://www.state.gov/suspending-and-terminating-the-asylum-cooperative-agreements-with-thegovernments-el-salvador-guatemala-and-honduras/. With no ACAs in effect, PM 20-04 is unnecessary. "

PM 21-22: "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memorandum (PM) is rescinded: 1. PM 21-09, Guidance Regarding New Regulations Governing Procedures for Asylum and Withholding of Removal and Credible Fear and Reasonable Fear Reviews PM 21-09 was issued in relation to the publication of the final rule titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review,” 85 Fed. Reg. 80,274 (Dec. 11, 2020), which was enjoined until further court order before taking effect. See Pangea Legal Services, et al. (“Pangea II”), v. DHS, et al., No. 3:20-cv-9253 (N.D. Cal.); see also Immigration Equality, et al., v. DHS, et al., No. 3:20-cv-9258 (N.D. Cal.); Human Rights First v. Wolf, et al., No. 1:20-cv-3764 (D.D.C.); Tahirih Justice Center, et al., v. Gaynor, et al., No. 1:21-cv-0124 (D.D.C.). The revocation of PM 21-09 is consistent with the court order in Pangea II and with Executive Orders 14010 and 14012 (Feb. 2, 2021)."