Remove US immigration from Department of Justice, say, judges
3 min read
US immigration lawyers and judges have asked the House Judiciary Subcommittee on Immigration and Citizenship to remove responsibility for US immigration courts from the Department of Justice (DoJ). The call comes as a record 1.6 million people find themselves mired in US immigration court backlogs.
A key legislative board is now considering sweeping changes to the beleaguered US immigration courts that would remove them from the Department of Justice (DoJ). As per a Bloomberg report, the seat of the House Judiciary Subcommittee, Zoe Lofgren – the Democratic representative for California – is working on a bill to make the changes.
She said: “Many years of bureaucratic and political meddling by the governing administration have subverted and eroded public confidence in the system. The Attorney General has authority to determine pending US immigration cases.”
US immigration | Frequent political pressure
During a new House Judiciary Subcommittee hearing, witnesses let the board know that they faced ‘frequent political pressure‘. Amid changing needs under each new government. Meanwhile, US immigration courts are facing unprecedented backlogs. Some asylum seekers waiting up to three years for a decision on an asylum claim or deportation measures.
Right now, the DoJ’s Executive Office for Immigration Review oversees the many immigration courts. Also, many US immigration judges across the nation.
Witnesses for the Federal Bar Association, the American Bar Association, and the National Association of Immigration Judges backed calls for US immigration courts. To turn out to be essential for a new, independent system.
The president of the National Association of Immigration Judges, Mimi Tsankov, said. “The DoJ’s control over the courts has yielded outrageous pendulum swings. And our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny.”
Biden’s border policies blasted
A few Republicans on the subcommittee board used the hearing as an opportunity to impact President Biden’s US border policies. Amid a record number of migrants showing up at the US southern border with Mexico in his first year as President.
Tom Tiffany, the Republican agent for Wisconsin, said: “It’s a myth to think that removing US immigration courts. From the oversight of the DoJ will resolve the issues.”
Previous US immigration judge, Andrew Arthur, concurred with Tiffany’s comments saying. “Insufficient border security is responsible for an enormous number of new cases and deteriorating backlogs. Rebuilding the court system would be costly and wouldn’t increase efficiency.”
Arthur is now a research fellow at the Center for Immigration Studies (CIS), which favors lower immigration levels.
Article 1 of the US Constitution
The lawful groups and judges looking to make changes to the system are recommending the rebuilding of US immigration courts under Article 1 of the US Constitution.
Under the Trump government, US immigration courts and judges found themselves under ‘immense political strain‘. To decline as many asylum applications as possible as Trump sought to clamp down on immigration to the US.
[Register Now for H-1B Status]
Trump was accused of micromanaging the immigration system. Leading to a record number of immigration judges leaving in the fiscal year 2019.
