The Trump administration has reinstated a policy memo concerning asylum processing, marking a significant shift in immigration court procedures. A newly issued memorandum, dated February 3, 2025, by Sirce E. Owen, Acting Director of the Executive Office for Immigration Review (EOIR), reintroduces Policy Memorandum (PM) 21-06. This policy was initially implemented on December 4, 2020, under former President Trump but was later rescinded by the Biden administration on April 18, 2022.
The reinstated memo enforces stricter regulations regarding asylum applications. Immigration courts are now directed to reject affirmative asylum applications referred by U.S. Citizenship and Immigration Services (USCIS) if they lack complete supporting documents. However, it also reaffirms that defensive asylum applications no longer need to be filed in person during a hearing, while introducing new rules concerning incomplete applications.
A key provision of the memo is the reaffirmation of the requirement that asylum claims must be adjudicated within 180 days. Immigration judges (IJs) are instructed to halt the asylum clock only under exceptional circumstances. The memo outlines specific conditions under which the clock is permanently stopped, including late-filed applications without an applicable exception, withdrawn applications, abandoned applications, or those granted or denied by an IJ.
Additionally, the EOIR memo clarifies the role of the agency in managing the employment authorization (EAD) clock for USCIS. It explicitly prohibits judges from inquiring whether an applicant seeks an expedited hearing for EAD eligibility purposes. Moreover, judges must clearly document exceptional circumstances when granting asylum case continuances. The memo warns that intentional or negligent misuse of incorrect adjournment codes could result in corrective action against judges.
The guidance further states that an IJ is not obligated to delay a case due to the applicant’s failure to provide biometrics or biographical information, even when good cause is shown. It also restates the necessary requirements for proper issuance of Notices to Appear (NTA) by USCIS.
Other key aspects include instructions for immigration judges to request comments from the Department of State on specific cases and a clarification that filing an I-589 form solely for withholding of removal or Convention Against Torture (CAT) relief will not initiate the asylum or EAD clock. The memo also specifies that the asylum clock ceases once a judge renders a decision on an application and does not restart while the case is under appeal at the Board of Immigration Appeals (BIA) or if remanded by the BIA.