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Attorney General’s Concerted Effort to Strip Immigration Judges of Judicial Independence Continues

AILA Doc. No. 18091938 | Dated September 19, 2018

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org 		Belle Woods
202-507-7675
bwoods@aila.org

WASHINGTON, DC - Late yesterday, the Attorney General issued the latest in an unprecedented slate of six removal matters that he has referred to himself to unilaterally decide. The decision, Matter of S-O-G- & F-D-B-, will prevent judges from terminating a case, except in exceptionally narrow circumstances.

AILA Executive Director Benjamin Johnson characterized the decision as "part of a systematic effort to marginalize the role of immigration judges in their own courtrooms. By placing his thumb firmly on the scales of justice, the Attorney General shows a fundamental disregard for immigration courts and judges, and their vital role in the administration of justice. Moreover, the Attorney General issued the decision without an opportunity for additional briefing, or even any advance notice that he was considering the case. Time and time again the Attorney General's actions have shown us that an immigration court system housed under the Department of Justice cannot be one that guarantees due process. AILA calls on Congress to create an independent Article I immigration court."

AILA Treasurer Jeremy McKinney noted, "With this decision, the Attorney General is saying that IJs can no longer terminate cases, with the exception of a few narrow circumstances. Cases will be forced to proceed, even when the person could pursue relief before USCIS or the Department of State, wasting the court's time and resources. Taken with Matter of Castro-Tum and Matter of L-A-B-R-, this decision demonstrates that the Attorney General wants every case to move as fast as possible toward deportation regardless of the specific circumstances. Our nation needs immigration judges to be fair and neutral when making life and death decisions."

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

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  • AG Sessions just issued a new decision restricting the ability of #immigration judges to terminate cases, the latest attempt to curtail #JudicialIndependence. This MUST end! #ProtectDueProcess http://ow.ly/rduJ30lTiZT
  • Sessions continues his unprecedented attempt to unilaterally rewrite immigration, eliminating the authority of immigration judges to terminate cases. @AILANational’s statement: http://ow.ly/rduJ30lTiZT
  • AG Sessions has decided to further limit the #JudicialIndependence of #immigration judges. Once again he is showing a complete disregard for the immigration court system and for the judges who make pivotal decisions each day. http://ow.ly/rduJ30lTiZT
  • AG Sessions is trampling all over our #immigration court system. His latest decision severely restricts the independence of immigration judges. Read @AILANational’s press release to learn more: http://ow.ly/rduJ30lTiZT
  • AG Sessions continues to tip the scales of justice. He might as well take away immigration judges’ robes altogether after his latest decision. Read more from @AILANational: http://ow.ly/rduJ30lTiZT
  • With the #SCOTUS nomination front and center and Sessions’ latest decision to limit #immigration judges’ authority, the importance of the judiciary could not be more evident. We must fight for a judiciary that actually stands for justice! @ABAesq http://ow.ly/rduJ30lTiZT.
  • AG Sessions just issued ANOTHER decision restricting judges’ authority over their own cases. Now is the time for the legal community to take action against his relentless attacks on #JudicialIndependence and #DueProcess. @ABAesq http://ow.ly/rduJ30lTiZT
  • We need to fight for an independent #immigration court system, where the authority and independence of immigration judges will be respected, not trampled on like they are now. @ABAesq http://ow.ly/rduJ30lTiZT

Cite as AILA Doc. No. 18091938.