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Featured Issue: Immigration Courts

AILA Doc. No. 13040204 | Dated July 16, 2018

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 | 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


Speak Out to #SaveDueProcess

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


Government Announcements


Congressional Efforts


Immigration Court Bills


Attorney Practice Resources


FOIA

  • 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.
  • 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."

Additional Statements and Resources


AILA Resolutions


Media Immigration Court Coverage

Cite as AILA Doc. No. 13040204.