Trump Justice Dep’t to Immigration Judges: Pick up the Pace or We’ll Decide Your Cases
Should a single, political appointee make these decisions?
Until recently, a person who claimed asylum status, due to persecution abroad, might bring this claim in immigration court, part of the Department of Justice. There, an immigration judge, who would be a Department of Justice employee, would adjudicate the person’s claim, deciding whether or not the person faced a well-founded fear of persecution if returned to her home country.
If the person lost in immigration court, she could appeal to the Board of Immigration Appeals, an appellate body also housed within the Department of Justice. Members of the Board were typically highly experienced immigration attorneys charged with exercising independent judgment in adjudicating cases before them.
However, a recent Department of Justice rule has changed these appellate arrangements significantly. Now, if the Board fails to complete a case within either 90 days, or 180 days, depending on the nature of the case, it may be assigned to the “Director” of the immigration court system, a political appointee.
Proponents of the rule change argue that it will increase the efficiency of a system that faces a lengthy backlog of cases. Opponents say that it will inject politics into legal adjudications of individual cases and pressure immigration judges to make quick decisions without proper consideration.
Recommended Articles
The Arizona Supreme Court ruled that probationer’s cell phones are included in the definition "property" that is subject to warrantless searches
SCOTUS clarified that a legal permanent resident alien can be physically in the U.S., commit a criminal offense, and still be inadmissible.
Even the most experienced immigration lawyers can sometimes be completely baffled as to why USCIS denies a particular petition.
Last week, the 9th circuit ruled in favor of an applicant for permanent residence in Peters v. Barr, who was caught in a 14-year-long bureaucratic nightmare
If you are not a U.S. citizen and you are charged with a crime, you might eventually need an immigration attorney.
About Michael Harwin
Michael’s skill and experience have been recognized repeatedly. He holds an A-V 5/5 preeminent rating by Martindale Hubbell. He has been named one of the top lawyers in Arizona by Southwest Superlawyers, and one of the best lawyers in Tucson by Tucson Lifestyle Magazine. He also has been named one of the best lawyers in the United States by BestofUS.com , and given the highest rating possible by AVVO, 10/10 Superb. Amazon Books