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Policy Memorandum 25-40: Use of Generative Artificial Intelligence in EOIR Proceedings

United States Department of Justice, Executive Office for Immigration Review

last revised 2025-08-08last verified 2026-09-041 versioncountry page →

PolicyIn forcePermissiveVerification dutyCompetence

map categories:Bar guidance on generative AIDisclosure of AI use in filingsSanctions for AI misuseDuty to verify AI outputJudges' use of AI

Signed by Acting Director Sirce E. Owen and effective 8 August 2025, this is the first Department of Justice component policy on generative AI binding practitioners. EOIR imposes neither a blanket prohibition nor mandatory disclosure, but treats hallucinated or erroneous AI content as a likely professional-conduct violation and directs adjudicators to refer suspected misuse for discipline.

Applies to
lawyers, judges, litigants, court-staff
Effective
See version history
Current version
Original · 08 Aug 2025
Last verified
04 Sept 2026
Official text
www.justice.gov/eoir/media/1410621/dl?inline=

What the document requires

  • EOIR has no blanket prohibition on generative AI and no mandatory disclosure requirement in its proceedings.
  • Individual immigration judges, courts and the Board of Immigration Appeals may adopt standing orders or local operating procedures on AI use and disclosure.
  • Practitioners filing hallucinated or erroneous AI-generated content likely violate professional conduct obligations and may be disciplined under 8 C.F.R. 1003.102(c) for knowingly or recklessly offering false evidence.
  • Adjudicators who suspect improper AI use should refer the matter to EOIR's Attorney Discipline Program and, as appropriate, its Anti-Fraud Program.
  • Improper use of generative AI by an EOIR adjudicator may result in corrective or disciplinary action; unauthorised AI services on DOJ government-furnished equipment are prohibited.
  • Cites OCAHO's guidance established by adjudication in United States v. Wallcon, LLC, 21 OCAHO no. 1630 (2025), and OMB Memorandum M-25-21.

Version history

VersionDateWhat changedSource
Originalcurrent2025-08-08First version recorded.official

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "Policy Memorandum 25-40: Use of Generative Artificial Intelligence in EOIR Proceedings" (United States Department of Justice, Executive Office for Immigration Review, Original, 2025-08-08), safelegalai.com/regulation/us-federal/us-eoir-pm-25-40-generative-ai (accessed 2026-10-07). Data: CC BY 4.0.

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