EOIR reinstates previous Trump-era guidance designed to push asylum claims quickly through immigration court
On February 3, 2025, the Executive Office for Immigration Review (EOIR), the branch of the Department of Justice (DOJ) that runs the immigration courts, reinstated several policy memos from the prior Trump administration that instruct immigration judges (IJs) to complete asylum claims on an expedited basis.
Under the reinstated policies, IJs are directed to complete adjudication of asylum applications within 180 days “to the maximum extent practicable.” Additionally, IJs are instructed to restrict continuances. The EOIR policy memo states that “good cause” for a continuance does not necessarily and in every case constitute “exceptional circumstances” that justify going beyond the 180-day deadline.
These policies raise significant due process concerns, as they limit meaningful representation for asylum seekers in immigration court. On an expedited 180-day timeline, many asylum seekers struggle to find an attorney, gather necessary supporting evidence, and prepare to present their case. Under these new EOIR policies, it is critically important that asylum seekers begin searching for legal representation and gathering evidence in support of their asylum claim as soon as possible when they are placed into immigration proceedings.