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AILA Doc. No. 13040204 | Dated January 4, 2021
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For years, the immigration court system has been plagued by systemic problems that have severely undermined its ability to deliver just and fair decisions in a timely manner. Housed within the DOJ, the Executive Office for Immigration Review (EOIR) is vulnerable to executive branch interference, a structural flaw which the current administration has exploited and which undermines the very integrity of the system. These problems are compounded by a growing case backlog that has surpassed 1 million cases. While oversight would slow the most recent policies, it would not remedy the conflict of interest inherent in an immigration court system that is firmly under the control of the Attorney General. AILA urges Congress to introduce bipartisan legislation that establishes an independent immigration court system, outside the DOJ, under Article I of the Constitution.
Listen to a recording of the September 12, 2019, telephonic press briefing on the new port courts and the due process concerns:
AILA members and advocates are encouraged to use the following advocacy tools to urge Congress to protect due process:
AG Decisions | Regulations | Policy Memos | OPPM | BIA Decisions | EOIR Director Decisions | Other
Recent BIA Decisions available here
“Many IJs have inquired about ways that they may register their protest against the imposition of the quotas and deadlines. If you are inclined, you may use the proposed language below in your cover email returning the electronically signed PWP to your ACIJ. Protest Language – “I do not agree that the numerical metrics/quotas constitute an accurate measure of my performance. Nor do I agree that the numbers produced by EOIR are accurate within the designated metric categories.””
Cite as AILA Doc. No. 13040204.
Join AILA in urging Congress to publicly support independent, Article I court reform to ensure that everyone has a fair day in court.
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