AG Sessions Rescinds Two Dozen Guidance Documents

This week, U.S. Attorney General Jeff Sessions announced that he is “rescinding 24 guidance documents that were unnecessary, outdated, inconsistent with existing law, or otherwise improper.” The Department of Justice claimed the move is consistent with Sessions’ “November 2017 memorandum prohibiting the Department from making rules without following the procedures required by Congress.”

The decisions are being spearheaded by the Regulatory Reform Task Forces established under Trump Executive Order 13777. Under the order, the task forces are “chaired by a Regulatory Reform Office, to identify existing regulations for potential repeal, replacement, or modification.”

The 24 documents marked for repeal are in addition to 25 guidance documents DOJ marked for repeal in December of last year. DOJ notes that the “Task Force is continuing its review of existing guidance documents to repeal, replace, or modify.”

The full list of guidance documents withdrawn in 2018 are included below:

  1. March 17, 2011, OJJDP Memorandum re Status Offenders and the JJDPA. 
  2. October 20, 2010 OJJDP Memorandum re Status Offenders and the JDDPA.
  3. June 17, 2014, Revised Guidance on Jail Removal and Separation Core Requirements. 
  4. Disaggregating MIP Data from DSO and/or Jail Removal Violations: OJJDP Guidance for States, 2011. 
  5. OJJDP Policy Guidance for Nonsecure Custody of Juveniles in Adult Jails and Lockups; Notice of Final Policy. 
  6. OJJDP Guidance Manual: Audit of Compliance Monitoring Systems. 
  7. OJJDP Disproportionate Minority Contact Technical Assistance Manual, Fourth Edition, 2009. 
  8. BJA State Criminal Alien Assistance Program Guidelines, 2016. 
  9. NIJ April 6, 2016, Dear Colleague Letter regarding additional topics and research questions of high priority and particular interest to the NIJ as part of its Comprehensive School Safety Initiative. 
  10. Looking for the Best Mortgage, December 14, 2010. 
  11. FRB: Putting Your Home on the Loan Line is Risky Business, August 6, 2015. 
  12. Federal Protections Against National Origin Discrimination, April 30, 2006. 
  13. Look at the Facts, Not at the Faces:  Your Guide to Fair Employment, Approx. July 2009. 
  14. Refugees and Asylees Have the Right to Work, May 2011. 
  15. Language Assistance Self-Assessment and Planning Tool for Recipients of Federal Financial Assistance, on or before February 12, 2003. 
  16. FAQs About the Protection of Limited English Proficiency (LEP) Individuals under Title VI of the Civil Rights Act of 1964 and Title VI Regulations, March 1, 2011. 
  17. Draft Language Access Planning and Technical Assistance Tool for Courts, December 18, 2012. 
  18. December 2, 2011 Dear Colleague Letter Regarding the Use of Race by Educational Institutions. 
  19. 2011 Guidance on the Voluntary Use of Race to Achieve Diversity in Postsecondary Education dated December 2, 2011. 
  20. 2011 Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools dated December 2, 2011. 
  21. September 27, 2013 Dear Colleague Letter on the Voluntary Use of Race to Achieve Diversity in Higher Education After Fisher v. University of Texas at Austin [Fisher I]. 
  22. September 27, 2013 Questions and Answers About Fisher v. University of Texas at Austin [Fisher I]. 
  23. May 6, 2014 Dear Colleague Letter on the Supreme Court Ruling in Schuette v. Coalition to Defend Affirmative Action. 
  24. September 30, 2016 Question and Answers About Fisher v. University of Texas at Austin [Fisher II].  

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