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 | Media Immigration Court Coverage, including a segment on Last Week Tonight with John Oliver.

AILA's Statements and Resources

• 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.
  
  
  

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• 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
  
  
  
  
  

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• 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

• NAIJ Grievance: Judges' Union Grievance Seeking Redress for the Unwarranted Removal of Cases from IJ - August 8, 2018

Speak Out to #SaveDueProcess

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

• Take Action: Defend Judicial Independence
• Take Action: Urge Congress to Stop the Corruption of USCIS and EOIR Missions

Government Announcements

• Attorney General States IJs May Only Grant Continuances “For Good Cause Shown” (Matter of L-A-B-R, et al.) – August 16, 2018
• AILA Practice Alert: Pereira v. Sessions Guidance to Immigration Judges – July 12, 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

• 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 statement of Hilarie Bass, President of the American Bar Association 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. 2693: Immigration Court Improvement Act of 2018 - April 18, 2018

Attorney Practice Resources

• 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
• Council and CLINIC Practice Advisory: Strategies and Considerations in the Wake of Pereira v. Sessions – July 20, 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: Motions for a Continuance - March 22, 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 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 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

Media Immigration Court Coverage

• The Texas Tribune: Immigration judges are expected to be impartial. But they report to Jeff Sessions. - August 15, 2018
• AILA's Blog: Think Immigration: The Repercussions of How the Administration Has Handled Matter of Castro-Tum - August 14, 2018
• REDIRECT (podcast): Grievance - August 10, 2018
  
  • Matthew Archambeault and IJ Dana Leigh Marks, president emeritus of NAIJ, discuss the recent grievance filed against EOIR.
• The Hill: Immigration judges lash out at Sessions - August 8, 2018
• CNN: Immigrant ordered deported after Justice Department replaces judge - August 7, 2018
• Immigration Courtside (blog): Inside EOIR: Resigning Employee Gives Insights into Why EOIR is Failing Under Sessions and How to Fix It - August 3, 2018
• Buzzfeed: Retired Immigration Judges are Protesting How a Deportation Case Was Handled - July 31, 2018
• Jeffrey Chase Blog: Former IJ Jeffrey Chase on Matter of A-B- Being Misapplied by EOIR DHS - July 13, 2018
• Washington Post: President Trump's misconceptions about immigration courts and law - June 26, 2018
• CNN: Trump fumes over immigration courts Sessions has focused on - June 25, 2018
• MSNBC: Former Chairman of the BIA and Retired IJ Paul Schmidt on Immigration Courts and Due Process - June 25, 2018
• Jeffrey Chase Blog: Former IJ Jeffrey S. Chase Asks: Are Summary Denials Coming to Immigration Court? - June 24, 2018
• CNN: Immigration judge applicant says Trump administration blocked her over politics - June 21, 2018
• Hoppock Law Firm Blog: "No Dark Courtrooms" is the Secret EOIR Policy That May Ruin Your Summer - June 1, 2018
• Jeffrey Chase Blog: EOIR's Hiring Practices Raise Concerns - May 27, 2018
• CNN: Trump calls for sweeping changes to US immigration legal process - May 24, 2018
• Vox: Trump made an immigration crackdown a priority. Jeff Sessions made it a reality. - May 23, 2018
• Vox: Jeff Sessions is exerting unprecedented control over immigration courts - by ruling on cases himself - May 21, 2018
• American Immigration Council: Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court - May 18, 2018
• Immigration Courtside (blog): Former Chairman of the BIA and Retired Immigration Judge Paul Schmidt's Blog on Matter of Castro Tum - May 18, 2018
• New York Times: Justice Dept. Restricts a Common Tactic of Immigration Judges - May 17, 2018
• NPR: Sessions Moves to Curb Immigration Judges' Authority - May 17, 2018
• Immigration Courtside (blog): Former Chairman of the BIA and Retired Immigration Judge Paul Schmidt's Speech to the ABA Commission on Immigration - May 4, 2018
• CNN: Sessions resumes immigrant legal advice program under pressure from Congress - April 25, 2018
• CNN: Justice report's findings clash with Sessions' actions - April 23, 2018
• Fortune: Commentary: America's Immigration Court System Is in Trouble - Jeremy McKinney is an attorney and NC board-certified specialist in immigration law. – April 11, 2018
• The Washington Post: Justice Dept. to halt legal-advice program for immigrants in detention – April 10, 2018
• Fortune: Commentary: I’m an Immigration Judge. Case Completion Quotas Are a Really Bad Idea. – Honorable Dana Leigh Marks, President Emeritus of the National Association of Immigration Judges and has been a full-time immigration judge in San Francisco since 1987 - April 9, 2018
• Immigration Courtside (blog): Retired Immigration Judge and Former Chairman of the BIA Responds to Implementation of Production Quotas – April 4, 2018
• Seattle Times: As Trump orders judges to hurry up, look inside immigration court's 'alternate legal universe' - April 5, 2018
• Bloomberg: Lawyers See Immigration Court as Trump 'Deportation Machine' - April 4, 2018
• Listen to NPR Interview with Judge Dana Marks: Immigration Judge Says Case Quota Could Affect Impartiality in the Courtroom - April 4, 2018
• Associated Press: Justice Department Imposes Quotas on Immigration Judges - April 3, 2018
• Washington Post: Trump lashes out at two of his favorite targets - April 3, 2018
• CNN: Justice Department rolls out case quotas for immigration judges - April 2, 2018
• The Daily Beast: New Quotas for Immigration Judges are 'Incredibly Concerning,' Critics Warn - April 2, 2018
• Wall Street Journal: Immigration Judges Face New Quotas in Bid to Speed Deportations - April 2, 2018
• Last Week Tonight with John Oliver – April 1, 2018
• The Hill: White House continues to strip due process from immigration courts – November 9, 2017
• Washington Post: Immigration Judges Say proposed quotas from Justice Dept. threaten independence – October 12, 2017

Cite as AILA Doc. No. 13040204.