The Trump administration via the Executive Office for Immigration Review (EOIR) recently rescinded a 2023 memorandum that regulated access to language services for migrants who do not speak English in immigration courts.
This measure could have significant repercussions on the rights of non-English speakers facing legal proceedings in the United States.
The revoked directive, known as DM 23-02, was implemented in June 2023 to ensure that migrants received adequate linguistic interpretation and access to translation services outside of court hearings. However, on February 6, 2025, the Trump administration replaced this directive with a new memorandum, PM 25-20, which challenges the usefulness and legitimacy of the previous policy.
According to NepYork, which was the first to report this information, the administration believes that DM 23-02 restricted the authority of immigration judges by forcing them to extend certain legal deadlines due to evidence obtained outside the usual legal framework. The new memorandum argues that the previous directive went too far by imposing responsibilities on judges that exceeded their official duties, particularly by encouraging them to assess the availability of linguistic resources in detention centers.
The PM 25-20 document also emphasizes the idea that not all migrants necessarily require translation services, especially those receiving legal assistance. It further asserts that each judge should have the discretion to handle language-related matters on a case-by-case basis, without a uniform directive imposing additional obligations.
However, the EOIR clarified that this decision does not mean a complete elimination of interpretation services. According to NepYork, the agency stated that migrants will continue to have access to these services when deemed necessary. It also noted that the Trump administration has not reinstated the previous OPPM 04-08 policy but will now follow the Department of Justice (DOJ) language guidelines instead.
Before its repeal, DM 23-02 emphasized the importance of adequate language access for migrants. It required judges to identify the preferred language of litigants at the start of proceedings and to ensure high-quality interpretation throughout the legal process. The previous directive also recommended granting additional time to translate documents into less common languages.
With this reversal, the Trump administration is taking a stricter approach and reducing oversight of language services in immigration courts. As NepYork highlights, this decision could make access to justice more difficult for non-English speakers and exacerbate inequalities within the U.S. judicial system.