Featured Issue: Immigration Courts

The Trump administration has implemented policies that will undermine the independence of immigration judges and weaken due process in the immigration court system. Immigration courts play a key role in affording noncitizens an opportunity to present claims for relief and stay in the United States. The changes adopted by DOJ since last year – including steps to impose numerical quotas on immigration judges and attempts to curtail procedural safeguards – threaten the integrity of the immigration courts. Read more below.

AILA's Statements and Resources | Complaints | Speak Out in Support of Due Process | Government Announcements | Congressional Efforts | Immigration Court Bills | Attorney Practice Resources | FOIA | Additional Statements and Resources | AILA Resolutions

AILA's Statements and Resources

• AILA Press Statement: AILA Joins Senators in Call for Immigration Court Reform and Access to Counsel - March 6, 2019
• AILA Policy Brief: FOIA Reveals EOIR's Failed Plan for Fixing the Immigration Court Backlog - February 21, 2019
• Listen to a recording of the February 21, 2019, telephonic press briefing on Executive Office for Immigration Review's Strategic Caseload Reduction Plan. This plan was obtained via FOIA by AILA and the American Immigration Council.
  
  
  
  
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• AILA Think Immigration Blog: Shining Some FOIA Light on the Immigration Courts - February 21, 2019
• AILA Press Statement: Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy – December 20, 2018
• AILA Press Statement: Judge Finds Attorney General's Gutting of Asylum Protections Unlawful - December 20, 2018
• AILA Video: AILA Calls for Immigration Court Reform – October 1, 2018
• AILA Press Statement: The Need for an Independent Immigration Court Grows More Urgent As DOJ Imposes Quotas on Immigration Judges – October 1, 2018
• AILA Policy Brief: Restoring Integrity and Independence to America’s Immigration Courts – September 28, 2018
• AILA Quicktake Video: Attorney General’s Decision in Matter of S-O-G- & F-D-B- - September 20, 2018
• AILA Press Release: Attorney General’s Concerted Effort to Strip Immigration Judges of Judicial Independence Continues – September 19, 2018
• AILA Press Release: AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts – September 10, 2018
• AILA Member Talking Points on AG Decision in Matter of L-A-B-R- - August 30, 2018
• AILA Quicktake Video: Attorney General’s Decision in Matter of L-A-B-R- - August 20, 2018
• AILA Press Release: Trump Administration Further Undermines Judicial Independence - August 17, 2018
• AILA Think Immigration Blog: The Repercussions of How the Administration Has Handled Matter Of Castro-Tum – August 14, 2018
• AILA Quicktake Video: NAIJ Files a Formal Grievance Against EOIR and DOJ - August 9, 2018
• AILA Member Talking Points on NAIJ Grievance and Need for Independent Immigration Court System - August 8, 2018
• AILA Press Release: Immigration Judges Spotlight DOJ Hijacking of Court Independence – August 8, 2018
• AILA Press Release: Attorney General Pushes to Deny Asylum to Victims of Violence - June 11, 2018
• AILA Press Release: AG's Latest Move Further Erodes the Independence of Immigration Judges - May 17, 2018
• AILA and the American Immigration Council Press Release: DOJ Reverses Course on Legal Orientation Program, For Now - April 25, 2018
• AILA and the American Immigration Council Press Release: DOJ Ignores Set of Recommendations to Strengthen Immigration Court System Efficiency and Effectiveness - April 23, 2018
• AILA and the American Immigration Council Policy Brief: Recommendations from Independent Study of Immigration Courts Contradict DOJ Policy Changes - April 23, 2018
• Listen to a recording of the April 23, 2018, telephonic press briefing on the findings contained in the year-long case study on the U.S. immigration court system.
  
  
  

  Can't see the audio player? Download the Audio File (MP3)

• AILA Statement on Strengthening and Reforming America's Immigration Court System Hearing – April 18, 2018
• Listen to a recording of the April 4, 2018, telephonic press briefing on EOIR's new performance metrics for immigration judges
  
  
  
  
  

  Can't see the audio player? Download the Audio File (MP3)

• AILA and the American Immigration Council Press Release: DOJ Cuts Immigrants' Access to Counsel in Latest Attack - April 11, 2018
• AILA and the American Immigration Council Press Release: DOJ Strips Immigration Courts of Independence - April 3, 2018
• AILA Report: Cogs in the Deportation Machine – March 14, 2018 See Section E, page 13.
• AILA Policy Brief: Imposing Numeric Quotas on Judges Threatens the Independence and Integrity of Courts – October 12, 2017
• AILA Press Release: Trump Administration Erodes Integrity and Fairness in Immigration Courts – October 12, 2017
• AILA Member Talking Points on Imposing Case Completion Quotas on IJs – October 13, 2017
• AILA Quicktake Video: EOIR Case Completion Quotas – October 12, 2017

Complaints

• AILA and the American Immigration Council Filed Administrative Complaint Highlighting Due Process Violations in El Paso SPC Immigration Court - April 3, 2019
• NAIJ Grievance: Judges' Union Grievance Seeking Redress for the Unwarranted Removal of Cases from IJ - August 8, 2018

Speak Out to #ProtectDueProcess

AILA members and advocates are encouraged to use the following advocacy tools to urge Congress to protect due process:

• Take Action: Tell Congress to Call for Immigration Court Reform - March 26, 2019
• AILA Members’ Letter to the Editor Template on the Need for an Independent Immigration Judiciary – October 2, 2018
• Key Messaging on the Need for an Independent Immigration Court – October 2, 2018
• Over 1,000 AILA Members Sent Letter to AG Sessions, Expressing Concern Over Efforts to Undermine Judicial Independence – October 1, 2018
• Call for Examples: Continuances and Administrative Closure Following EOIR Policy Changes – August 28, 2018

Government Announcements

• Director McHenry issued memorandum, PM-11: No Dark Courtrooms - March 29, 2019, effective May 1, 2019
• Director McHenry issued memorandum, PM 19-10: Public Use of Electronic Devices in EOIR Space - March 20, 2019
• Director McHenry issued memorandum, PM 19-09: OCAHO Case Completion Goals – December 21, 2018
• Director McHenry issued memorandum, PM 19-08: Acceptance of Notices to Appear and Use of the Interactive Scheduling System – December 21, 2018
• Director McHenry issued memorandum, PM 19-07: Identifying and Reporting Fraud and Abuse – December 19, 2018
• Director McHenry issued memorandum, PM 19-06: Internal Reporting of Suspected Ineffective Assistance of Counsel and Professional Misconduct – December 18, 2018, effective January 1, 2019
• Director McHenry issued memorandum, PM 19-05: Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii) - November 19, 2018
• Director McHenry issued a memorandum, PM 19-04: Tracking and Expedition of "Family Unit" Cases - November 16, 2018
• Director McHenry issued a memorandum, PM 19-03: Guidance Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States – November 13, 2018
• Director McHenry issued a memorandum, PM 19-02: Guidelines Regarding New Regulations Governing Asylum and Protection Claims – November 9, 2018
• DHS and DOJ Joint Interim Final Rule on Asylum Claims Along the Southern Border – November 9, 2018
• Director McHenry issued a memorandum, PM 19-01: New Format for Memoranda and Cancellation of OPPMS - November 7, 2018
• Email from Mary Beth Keller, Chief Immigration Judge, to all Immigration Judges on "New Performance Measures" - October 1, 2018
  
  • Attached to this email were the following items: (1) Updated Performance Workplan Element 3 containing new case completion goals and benchmarks for IJs, (2) a definitions document, and (3) Frequently Asked Questions.
• Immigration Judge Hiring Chart – September 21, 2018
  • FYTD2018 – 81 Total IJs Hired; 395 Total IJs on Board
• AG Issues Decisions in Accordance with Matter of Castro Tum (Matter of S-O-G- & F-D-B-) – September 19, 2018
• Attorney General Delivers Remarks to New Class of Immigration Judges - September 10, 2018
• DOJ Issues Phase I Review of the Legal Orientation Program - September 5, 2018
  
  • The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.
• BIA issued a precedent decision in Matter of Bermudez-Cota - August 31, 2018
  
  • This BIA decision limits the reach of the Supreme Court's Pereira v. Sessions to the stop-time rule.
• Attorney General States IJs May Only Grant Continuances “For Good Cause Shown” (Matter of L-A-B-R, et al.) – August 16, 2018
• Attorney General Narrows Criteria for Asylum Seekers (Matter of A-B-) - June 11, 2018
• Attorney General Delivers Remarks to EOIR Legal Training Program - June 11, 2018
• Chief Immigration Judge, Mary Beth Keller, issued OPPM 18-02: Definitions and Use of Adjournment, Call-up, and Case Identification Codes - June 8, 2018
• EOIR Released Memo on Staff Availability for Detail Travel - May 30, 2018
  
  • Memo shared by Aura Bogado, reporter for Reveal on May 31, 2018
• Attorney General Holds IJs and the BIA Have No General Authority for Administrative Closure (Matter of Castro-Tum) - May 17, 2018
• EOIR Issues Guidance Implementing Immigration Judge Performance Metrics– March 30, 2018
  • Guidance was first reported on April 2, 2018, by the Wall Street Journal and was included in an article by The Daily Beast.
• ACUS Draft Report: Non-ALJ Adjudicators in Federal Agencies: Status, Selection, Oversight, and Removal – February 14, 2018
• Director McHenry issued memorandum, Case Priorities and Immigration Court Performance Measures – January 17, 2018
• Chief Immigration Judge, Mary Beth Keller, issued OPPM 18-01 Change of Venue – January 17, 2018
• AG Sessions Issues Memo Outlining Principles to Ensure that the Adjudication of Immigration Cases Services the National Interest – December 6, 2017
  • Backgrounder on EOIR Strategic Caseload Reduction Plan
  • EOIR Press Release: AG Sessions Issues Memo Outlining Principles to Ensure That the Adjudication of Immigration Cases Serves the National Interest
• Chief Immigration Judge, Mary Beth Keller, issued OPPM 17-01: Continuances – July 31, 2017
• GAO Report: Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges – June 2017

Congressional Efforts

• EOIR FY2020 Budget Request At A Glance - March 14, 2019
• NAIJ Letter to House Appropriations CJS Subcommittee Chairman and Ranking Member - March 12, 2019
• House Appropriations Subcommittee on CJS Hearing with EOIR Director McHenry - March 7, 2019
  
  • Testimony of EOIR Director, James McHenry
• AILA Sends Oversight Letter to House Judiciary Committee - January 24, 2019
• NAIJ Letter to Senate on the Impact of the Government Shutdown – January 9, 2019
• Acting Deputy Assistant AG Office of Legal Policy testimony for HSGAC Hearing – September 18, 2018
• 18 Senate Democrats Request Information on DOJ's Initiative to Recalendar Administratively Closed Cases- September 13, 2018
• Harris, Feinstein, Colleagues Call on Sessions to Uphold Protections for LGBTQ Asylum Seekers Fleeing Persecution - May 23, 2018
• Senate and House Democrats Request IG Investigation of Illegal Hiring Allegations at DOJ – May 9, 2018
• CHC Urges DOJ to Reverse Decision to Impose Case Completion Quotas on IJs - April 26, 2018
• AG Sessions Testifies Before House Appropriations Committee - FY2019 Budget Hearing - Department of Justice - April 26, 2018
• AG Sessions Opening Statement Before the Senate Appropriations Subcommittee on CJS - April 25, 2018
  
  • AG Sessions orders that there be no pause to the Legal Orientation Program (LOP).
• House Democrats Demand that the DOJ Reinstate the LOP and ICH Programs – April 19, 2018
• Senate Democrats Demand that the DOJ Reinstate the LOP and ICH Programs – April 18, 2018
• On April 18, 2018, the U.S. Senate Judiciary Subcommittee on Border Security and Immigration held a hearing on Strengthening and Reforming America's Immigration Court System. Read AILA’s Statement on Strengthening and Reforming America's Immigration Court System Hearing, as well as the prepared statements of Hilarie Bass, President of the American Bar Association; Ashley Tabaddor, NAIJ President; James McHenry, EOIR Director; and GAO Testimony for the Subcommittee on Border and Immigration.
• Senate and House Judiciary Democrats Condemn DOJ for Undermining Due Process – April 17, 2018
• House Democrats Demand DOJ Respond to Allegations of Politicization in the EOIR Hiring Process – April 17, 2018

Immigration Court Bills

• S.663: Immigration Court Improvement Act of 2019 - March 6, 2019
• S. 2693: Immigration Court Improvement Act of 2018 - April 18, 2018

Attorney Practice Resources

• American Immigration Council: Practice Advisory on Notices to Appear - February 27, 2019
• Practice Alert: DHS Issuing NTAs with Fake Times and Dates - January 31, 2019
• Council and CLINIC Practice Advisory: Strategies and Considerations in the Wake of Pereira v. Sessions – December 21, 2018
• Practice Alert: EOIR Policy Memos Impact Docketing of Family Unit and Asylum Cases - December 18, 2018
• Practice Pointer: Matter of S-O-G- & F-D-B- - November 13, 2018
• Chasing Down the Rumors: Immigration Adjudication Centers - October 19, 2018
• Practice Alert: Pereira v. Sessions and Matter of Bermudez-Cota - October 10, 2018
• The American Immigration Council: Motions for a Continuance - September 10, 2018
• AILA Practice Pointer: Matter of L-A-B-R- – August 28, 2018
• AILA Practice Pointer: Matter of Castro-Tum – August 28, 2018
• AILA Practice Pointer: After Matter of A-B- and USCIS Guidance, Don’t Forget to Argue for CAT Protection - July 26, 2018
  
  • ICE Guidance on Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B- - July 11, 2018
• NIPNLG and IDP Practice Advisory on Pereira v. Sessions – July 16, 2018
  
• ICE Provides Guidance to OPLA Attorneys on Administrative Closure Following Matter of Castro-Tum – June 15, 2018
  • Guidance shared on Immigration Courtside on June 18, 2018
• American Immigration Council and ACLU: Practice Advisory on Administrative Closure Post-Castro-Tum - June 14, 2018
• CLINIC: Practice Pointer, Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) - June 5, 2018
• AILA Call for Examples: Continuances and Administrative Closure Following EOIR Policy Changes - May 25, 2018
• The American Immigration Council: The Basics of Motions to Reopen EOIR-Issued Removal Orders - February 7, 2018
• Immigration Justice Campaign: Three-Part Video Series on Fearless Lawyering with Retired Immigration Judges - November 7, 2017

FOIA

• On December 19, 2018, AILA and the American Immigration Council obtained a partially redacted memorandum entitled the Executive Office for Immigration Review's Strategic Caseload Reduction Plan which was approved by the Deputy Attorney General for the DOJ on October 31, 2017.
• On October 18, 2018, Human Rights First obtained the Attorney General's April 2017 memorandum that outlined changes to the immigration judge hiring process.
  
  • See Human Rights First's backgrounder, Immigration Court Hiring Politicization.
• On August 21, 2018, the Hoppock Law Firm obtained records from the June 2018 Legal Training Program for Immigration Judges
• On July 24, 2018, CLINIC obtained records from the June 7, 2018, Legal Training Program on immigration judge performance measures.
• On July 16, 2018, the Hoppock Law Firm obtained the January 12, 2018 version of the BIA Style Manual: A Guide to Drafting Board Decisions.
• On July 11, 2018, Beryl Lipton at MuckRock obtained EOIR records related to media talking points and procedures and sample response for media inquiries, as well as the EOIR Strategic Communications Plan for FY2017. See the entire request and disclosure on MuckRock.
• On May 9, 2018, the Hoppock Law Firm obtained records related to EOIR’s case management strategy, “No Dark Courtrooms.”
• On April 11, 2018, AILA and the American Immigration Council received a subsequent response containing a partially redacted copy of a report dated April 6, 2017, and titled "Legal Case Study: Summary Report." The report was written by Booz, Allen, Hamilton after a year-long case study on the U.S. immigration court system. The report recommends a number of changes that would increase judicial independence, place a premium on process over outcome, and ensure due process in our immigration courts. For AILA's reaction to the report, read our press statement.
  
  • Booz, Allen, Hamilton "Legal Case Study: Summary Report" - April 6, 2017
• On February 16, 2018, AILA and the American Immigration Council received a partial FOIA response from EOIR that included EOIR's labor agreement with the National Association of Immigration Judges (NAIJ). Included in this FOIA response was Article 22, which outlines the performance appraisals process for immigration judges. Article 22 was updated by EOIR and NAIJ on November 21, 2017, with an effective date of December 6, 2017.
  • Article 22 was referenced in the EOIR Director's email announcing Immigration Judge Performance Metrics to all immigration judges on March 30, 2018.
    • Article 22.3.h. contains a number of relevant factors when evaluating an immigration judge's performance against these metrics.
    • Article 22.5.d. requires the Agency to give an immigration judge the opportunity to provide input regarding his or her performance prior to rating the judge below satisfactory in any element.
    • Article 22.4.c. requires the Agency to "make available on a routine basis reports necessary for the Judge to assess his or her performance based on any numerical standards imposed by the Agency."
• On September 5, 2017, the National Immigrant Justice Center (NIJC) obtained records from EOIR related to the immigration “Surge Courts.”

Additional Statements and Resources

• Retired IJs and Former Members of the BIA Issue Statement in Response Grace v. Whitaker – December 19, 2018
• Retired Immigration Judges and Former Members of the BIA Statement in Opposing Performance Quotas on Immigration Judges - October 1, 2018
• Statement of ABA President Bob Carlson Re: Immigration lawyers and judges – September 11, 2018
• Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of L-A-B-R- - August 17, 2018
• Law Scholars Issue Letter Denouncing Quotas for Immigration Judges - August 14, 2018
• Retired IJs and Former Members of the BIA Statement in Response to Latest Attack on Judicial Independence - July 30, 2018
• AILA Philadelphia Attorneys Condemn Administration's Assault on Immigrants and Due Process - July 27, 2018
• Statement of Harvard Immigration and Refugee Clinical Program on Matter of A-B- Issued by Attorney General Sessions on June 11 - June 13, 2018
• Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of A-B- - June 11, 2018
• Retired IJs and Former Members of the BIA Express Disappointment in AG’s Decision in Matter of Castro-Tum – May 18, 2018
• CLINIC denounces attorney general’s decision in Castro-Tum; immigrants who played by the rules will be hurt – May 18, 2018
• KIND Press Release: Trump Administration: Taking Aim Once Again at Immigrant and Refugee Children, and Harming Immigration Courts in the Process - May 18, 2018
• American Immigration Council Press Release: American Immigration Council Condemns AG's Decision Restricting IJs' Authority - May 17, 2018
• NAIJ Letter to AG Sessions on Misunderstandings about IJ Quotas - May 2, 2018
  
  • Letter initially uploaded to DocumentCloud on May 4, 2018 by Zoe Tillman from Buzzfeed.
• NAIJ Letter Urging AG Sessions to Affirm Authority of IJs to Administratively Close Cases - January 30, 2018
• U.S. Commission on Civil Rights Denounces Imposition of Immigration Judge Quotas - April 20, 2018
• Retired IJs and Former BIA Members Issues Statement on Strengthening and Reforming America's Immigration Court System – April 18, 2018
• Immigration Law Professors Issue Statement on Strengthening and Reforming America's Immigration Court System – April 18, 2018
• Kids in Need of Defense Press Release: KIND Opposes New Case Completion Quotas for Immigration Judges - April 4, 2018
• National Immigrant Justice Center Press Release: New Immigration Judge Quotas, AG Sessions Hijacks U.S. Justice System to Hurt Immigrants - April 3, 2018
• Human Rights First Press Release: Sessions to Impose Quotas on Immigration Court Judges - April 3, 2018
• National Association of Immigration Judges Press Release: The National Association of Immigration Judges "Strenuously Opposes" Proposed Quotas and Completion Deadlines Announced by DOJ as Tools to Measure the Performance of Immigration Judges - April 3, 2018

AILA Resolutions

• AILA National’s Resolution on Immigration Court Reform and Funding – February 3, 2018
• AILA Resolution on Hiring Immigration Judges – September 16, 2017

Cite as AILA Doc. No. 13040204.