READ THE DOJ/EOIR’S (HIGHLY BUREAUCRATIC) RESPONSE TO THE NEWS 4 I-TEAM — The DOJ/EOIR “Plan” Is “No Plan” Because They Are Clueless As To How To Solve The Self-Created Court Backlog Problem Without Stomping All Over Due Process!

jhttp://www.nbcwashington.com/news/local/US-Department-of-Justice-Executive-Office-for-Immigration-Review-Responses-to-I-Team-Immigration-Backlog-Report-446936203.html

“U.S. Department of Justice Executive Office for Immigration Review Responses to I-Team Immigration Backlog Report

 

What steps have been taken by DOJ/EOIR to combat the backlog?

EOIR is committed to a multi-level strategy to maximize our adjudicatory capacity, including the hiring of more judges, working with our federal partners to make the immigration process more efficient, and the increased use of video-teleconference capabilities. EOIR is undertaking a broad, agency-wide effort to review and reform its internal practices, procedures, and technology in order to enhance immigration judge productivity and ensure that cases are adjudicated in a fair and timely manner across all of the agency’s courts. EOIR records show that through the end of August 2017, the immigration courts had 628,698 pending cases. Although multiple factors may have contributed to this caseload, immigration judges must ensure that lower productivity and adjudicatory inefficiency do not further exacerbate this situation. To this end, EOIR recently issued Operating Policies and Procedures Memorandum 17-01: Continuances (available at https://www.justice.gov/eoir/oppm-log), which provides guidance on the fair and efficient handling of motions for continuance.

How many immigration judges have retired and how many have been sworn in the last two years?

The number of immigration judges who retired or separated during each of the following fiscal years (FY) is as follows: FY 2016, 13, and FY 2017 (through Sept. 15, 2017) 21. EOIR hired 56 immigration judges during FY 2016, and 64 immigration judges during FY 2017 (through Sept. 15, 2017).

How many open positions are there currently for immigration judges?

There are currently 329 immigration judges nationwide, out of EOIR’s current authorized level of 384.

Judge Marks discussed how she thinks the number of immigration judges should be doubled. Is there a goal by EOIR on how many new judges to hire?

As noted in EOIR’s FY 2018 budget request (available here: https://www.justice.gov/jmd/page/file/968566/download), the largest challenge facing the immigration courts is the growing pending caseload. The agency’s FY 2018 budget strategy is a sustained focus on increasing adjudicative capacity in order to meet EOIR’s mission to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the nation’s immigration laws.

To implement EOIR’s strategy, EOIR’s FY 2018 budget request includes a requested increase in immigration judge teams (each team consists of one immigration judge and five support staff) that would increase EOIR’s immigration judge corps to 449 and provide 225 additional full-time employees for mission support.”

Source: U.S. Department of Justice Executive Office for Immigration Review Responses to I-Team Immigration Backlog Report – NBC4 Washington http://www.nbcwashington.com/news/local/US-Department-of-Justice-Executive-Office-for-Immigration-Review-Responses-to-I-Team-Immigration-Backlog-Report-446936203.html#ixzz4toZyt2D9
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

 *******************************************************
No guys, I’m sorry! Much as I love you, and much as I realize that it was was a bunch of meddling politicos and out of touch bureaucrats, with lots of help from a willfully blind Congress, that created these problems over the past 15 years, it’s going to take more than politicos at the DOJ and bureaucrats in Falls Church to solve it.
Committing “to a multi-level strategy to maximize our adjudicatory capacity,” whatever that primo piece of bureaucratic gobbledygook might mean in plain English, isn’t going to cut it. Nor is just throwing more judges and more money at it going to do the trick.
And the answer certainly isn’t more truncation of due process and typical bureaucratic “haste makes waste bogus efficiencies and streamlining” which actually wastes massive amounts of time and money while not getting the job done. The courts are already in a due process crisis. “Speeding up the assembly line” or setting bogus production goals is not the answer. However, some “smart court administration” and “smart enforcement” are part of the solution. Sadly, it’s just not within the “skill set” of the group at DOJ and EOIR who are flailing away at court administration.
Nor, frankly, does it appear to be within the expertise of current DHS/ICE management without some Congressional oversight and accountability (things that have been remarkably absent in this Congress). Old saying:  Garbage In = Garbage Out, and right now ICE Enforcement, Detention, and Legal Counsel Programs are in “Garbage Truck Mode.” If Congress doesn’t step in, I think the Article III Courts eventually will, if only as an act of self-defense. Nor is evading the Immigration Court system with unconstitutional proposals for expanding “expedited removals” the answer. 
The DHS Enforcement System and the Immigration Courts are already squandering resources and wasting the taxpayers money at alarming rates. “Big-time reforms” must precede the injection of massive resources into a totally broken system. And that goes for putting some Congressional brakes on the “gonzo” enforcement now being carried out by DHS, and their mismanagement of the ICE Legal Program, which is a key part of the problem.
Next up: My Response:  I take on the DOJ/EOIR Bogus  “Strategy” and tell you what really needs to be done to restore due process to a broken court system.
PWS
09-26-17

DEPORTATIONS RISE UNDER TRUMP, BUT BORDER CROSSINGS ALSO CONTINUE TO TICK UPWARDS! — Read My OpEssay: “Due Process Disaster Is Brewing In The U.S. Immigration Courts — Is Anybody Paying Attention?”

https://www.washingtonpost.com/local/immigration/deportation-orders-up-under-trump-fewer-prevail-in-immigration-court/2017/08/08/d3f0a6a6-7c74-11e7-9d08-b79f191668ed_story.html?utm_term=.848b8a83c250&wpisrc=nl_daily202&wpmm=1

Maria Sacchetti reports in the Washington Post:

“Federal immigration courts ordered 57,069 people to leave the United States in the first six months of the Trump administration, up nearly 31 percent over the same period last year, the Justice Department announced Tuesday.

Additionally, 16,058 people prevailed in their immigration cases, or had them closed, allowing them to stay in the United States, according to the data, which tallied orders issued from Feb. 1 to July 31. That total marked a 20.7 percent drop from the 20,255 immigrants who prevailed at the same time last year.

In a news release, the Justice Department said the notoriously backlogged court system is making a return to the “rule of law” under President Trump, who has vowed to speed deportations. But officials did not say how many of the orders were issued in absentia, meaning to immigrants who did not attend their hearings and therefore could not immediately be deported.

The Washington Post reported last week that thousands of immigrants, some seeking protection from violence in their homelands, have missed their court dates in recent years, often because they did not know about them or were afraid to show up. Advocates for immigrants have also raised concern about the lack of legal aid for immigrants, especially for those in immigration jails.

Last month, the president of the National Association of Immigration Judges said courts are severely understaffed, with about 300 immigration judges juggling a quickly rising caseload. An estimated 600,000 cases are pending nationwide.

United We Dream, an immigrant youth-led organization, protested ICE raids at Lafayette Square near the White House in February. (Linda Davidson/The Washington Post)

Unlike the traditional federal court system, which is independent of the executive branch of government, immigration courts are administered by the Justice Department.

That agency said that from Feb. 1 to July 31, judges issued 73,127 final immigration decisions, an increase of 14.5 percent over the same period in 2016.

Of those decisions, 49,983 were deportation orders, an increase of nearly 28 percent from the same period in 2016. The rest were orders to leave the United States voluntarily, a process by which immigrants generally face fewer barriers if they wish to apply to return to the United States in the future.

Federal officials attributed the increase in case completions to Trump’s Jan. 25 executive order dispatching more than 100 immigration judges to immigration jails across the country. More than 90 percent of cases heard in jails have led to orders to leave the United States. The department has also hired 54 new judges to work in immigration courts since Trump took office. More are being hired every month.

Dana Leigh Marks, an immigration judge based in San Francisco who heads the national association, wrote in Newsday last month that immigration courts should be separated from the Justice Department to ensure “judicial independence and protection from political influences.”

“More skilled court management, provided by experienced court administrators, rather than a law enforcement agency with priorities other than fairness and efficiency, would greatly enhance our ability to complete the tasks,” she wrote. “For example, cases would not be docketed to make political statements or serve as a show of force by the U.S. government.”

*****************************************************

Due Process Disaster Is Brewing In The U.S. Immigration Courts — Is Anybody Paying Attention? 

by Paul Wickham Schmidt

U.S. Immigration Judge (Retired)

Meanwhile, according to CQ Roll Call, arrests of undocumented individuals at the Southern Border rose 13.1% in July, the second consecutive monthly increase. Overall, DHS’s CBP reports arresting more family units and fewer unaccompanied children during the first 10 months of FY 2017.

While CBP “fobs off” the increases as “seasonal,” they do cast some doubt on whether the Trump Administration’s “send ’em all back asap” enforcement approach is really going to decrease undocumented migration in the long run. It might simply be a case of professional human smuggling operations revising their methods and raising their prices to adjust to higher risk factors and the “market” taking time to adjust to the changing practices and price increases. Moreover, to date, neither increases in removal orders, some as noted by Horwitz undoubtedly “in absentia orders” issued without full due process protections, nor increases in the number of U.S. Immigration Judges has stopped the growth of the backlog of cases before the U.S. Immigration Courts, currently estimated at more than 610,000 pending cases!

Apparently, under the Trump/Sessions regime success in the U.S. Immigration Court System is no longer measured by improvements in due process and fairness or by insuring that the individuals coming before the court get the protections and relief to which they are entitled under the law. Nope! The “rule of law” in Immigration Court now appears synonymous with turning that Court System into a “deportation mill” — just another whistle stop on the “deportation express.”

In other words, we’ve now come “full circle” since 1983. Then, EOIR was created to get the Immigration Courts out of INS to enhance due process and overcome a public perception that the courts were merely functioning as adjuncts of INS enforcement. The U.S. Immigration Courts and EOIR essentially have been “recaptured” by DHS  enforcement.

EOIR has once again become an insulated “inbred” agency. Judicial appointments are made by DOJ politicos almost exclusively from the ranks of government attorneys, primarily DHS and DOJ prosecutors, just like when the “Legacy INS” ran the courts. Dockets are out of control, management is haphazard, technology is outdated and inadequate, and clerical staffing shortages are chronic. Staffing and docketing priorities are designed to accommodate enforcement priorities and to maximize removals, rather than to promote due process and fairness. Training and attention to the real “rule of law” are afterthoughts. Public service is a dirty word.

Morale among those at EOIR who care about the due process judicial mission has been steadily declining even as already sky-high stress levels continue to ratchet up. Numbers and removals have replaced fairness, professionalism, and unbiased decision making as objectives.

There are rumors that the Immigration Courts are going to be taken out of the DOJ and “reintegrated” into DHS to reflect their “true function” as part of the deportation mechanism. I think it’s unlikely unless Sessions becomes the new Secretary of DHS. But, really, what difference would it make? Sessions basically “reassumed” the immigration enforcement functions that once were in the Attorney General’s portfolio but were sent over to DHS when it was created after 9-11. Kelly merely signed off and nodded agreement to what Sessions told him to do.

A move by the DOJ apparently is afoot to revamp the judicial “evaluation system” to rate Immigration Judges more like “lower level DOJ attorneys” rather than judicial officials exercising independent judgment. Such bureaucratic ratings systems often elevate “productivity” above quality, value “following agency priorities” over exercising independent judgment, and serve to give the politicos at the DOJ more control and leverage over the day to day functioning of what is supposed to be a judiciary free from political influence or intimidation. Moreover, such ratings are often prepared by “supervisory judges” many of whom hear no cases and most of whom have little daily contact with the Immigration  Judges they nominally “supervise.” In a well-functioning judicial system, the local “Chief Judge” is a leader and problem solver, not a “supervisor” of her or his peers.

At this point, the Trump Administration clearly has no interest in fixing the festering problems in the U.S. Immigration Courts; they are determined to make things worse. While there is some bipartisan support in Congress for an independent Article I U.S. Immigration Court, to date it hasn’t coalesced into any specific, politically viable legislation.

That basically leaves it to the Article III Federal Courts to decide whether or not to fix the Immigration Courts. One possibility is that they will decide that it is too much: just forget due process for foreign nationals, rubber stamp the removal orders, stay above the fray, and become another “whistle stop on the deportation express.”

A more optimistic possibility is that they will draw the line on the due process nightmare in the U.S. Immigration Courts being promoted by the Administration. But, that will make the Article III Courts a major “track block” on the deportation express. The trains will derail and pile up on the doorstep, and the Article III Courts can count on little if any help or resources from Congress in untangling the mess and getting things back on track. Understandably, from a practical if not a legal point of view, some Article III Judges aren’t going to want to go there.

One thing is certain — things can’t continue they way they are going now. Something has got to give! And, when it does, the Article III Courts will be forced to do some self-examination and decide whether they are going to be part of the problem, or part of the solution. Are life-tenured Article III judgeships in essence about securing life sinecures, or about taking a perhaps unpopular and labor intensive stand for Constitutional Due Process for all, even the weakest and most vulnerable among us? We’ll soon find out!

PWS

08-09-17

NAIJ PRESIDENT JUDGE DANA LEIGH MARKS DETAILS MELTDOWN IN U.S. IMMIGRATION COURTS — CALLS ON CONGRESS FOR URGENT ACTION ON ARTICLE I IMMIGRATION COURT!

https://www.naij-usa.org/images/uploads/publications/NAIJ_-_Snapshot_CRISIS_FACING_OUR_IMMIGRATIONJune_2017.pdf

Judge Marks writes:

“SNAPSHOT OF THE CRISIS FACING OUR IMMIGRATION COURTS TODAY SALIENT FACTS AND URGENT NEEDS

June 2017

As America wrestles with unprecedented challenges to our immigration system, we are once again at a delicate juncture where we must avoid repeating the mistakes of our past. The most overlooked and often forgotten piece of the complicated immigration puzzle facing the nation is our immigration court system. Action is needed NOW to protect these unique courts from politicization and dysfunction. They are often the only face of American justice that non-citizens experience, and our values must be embodied by them. What is needed is an efficient, fair system that assures independent and timely decisions which protect the public from those who may be dangerous to our communities, and allows noncitizens who qualify (because of close family connections, employment here, or persecution in their home country) to stay here.

RECALCITRANT CASE BACKLOGS

As of the end of April, 2017, the Immigration Court backlog stood at 585,930.i The caseload of the Immigration Court has more than doubled since 2010. ii

LENGTHY DELAYS

The average number of days a case was pending on the Immigration Court docket until decision was 670 days as of April 30, 2017, although 9 states (in order of descending magnitude: Colorado, Illinois, Ohio, New Jersey, Texas, Michigan, Nebraska, Arizona and California) exceeded that average.iii The longest wait time is in Colorado, which is 1,002 days.iv

SURGING CASELOAD ON THE HORIZON

In 2014, an unprecedented influx of unaccompanied minors at our nation’s southwest border was labeled a humanitarian crisis, prompting the Senate to nearly double the available funding for care and resettlement of child migrants.v Those cases remain on our dockets and are not easily resolved: of the 229,357 pending juvenile cases as of April 30, 2017, 42% had no legal representation.vi It is inevitable that this influx caused dramatic increases in our dockets and will impact our system for years to come.vii Since January of 2017, our courts have been experiencing another significant increase in new cases resulting from the initiatives announced by President Trump and DHS.viii Many observers agree this is overwhelming an already strained system.ix During the first three months following these announcements, immigration arrests increased 38% over the same period one year earlier.x

1

FAILURE TO MEET PREDICTABLE STAFFING NEEDS IN A TIMELY FASHION

The inability of the Immigration Courts to meet these surges in caseload is due, in large part, to the chronic lack of sufficient court staff. As long ago as 2006, after a comprehensive review of the Immigration Courts by Attorney General Gonzales, it was determined that a judge corps of 230 Immigration Judges was inadequate for the caseload at that time (approximately 168,853 pending cases) and should be increased to 270.xi Despite this finding, there were less than 235 active field Immigration Judges at the beginning of FY 2015.xii To make matters much worse, 39% of all Immigration Judges are currently eligible to retire.xiii Even with a recent renewed emphasis on hiring, the current number of Immigration Judges nationwide stands at approximately 318 today (298 who are actually in field courts), well below authorized hiring levels of 384.xiv One expert observer recommends adding at least 150 immigration judges to the corps based on its meticulous analysis of past caseload needs.xv The American Bar Association, Administrative Conference of the United States and two expert roundtables convened by Georgetown University’s Institute for the Study of International Migration have all called for dramatically increased resources to staff up our courts.xvi

INADEQUATE SPACE, FACILITIES AND EQUIPMENT

As caseloads explode, the Immigration Courts find themselves in desperate need of additional physical space and facilities to conduct hearings, to accommodate both staff and the voluminous legal filings. Modernized equipment and electronic filing initiatives are needed immediately in order to respond.xvii The current courtrooms are too small to accommodate the large numbers of families now appearing before our courts, raising serious concerns regarding public safety and security. In addition, we don’t have enough courtrooms or courtrooms in the appropriate places to address the caseload.

FAILURE TO PROVIDE ESSENTIAL TOOLS FOR ADJUDICATIONS

Despite express congressional authorization of contempt power for Immigration Judges in 1996, the Department of Justice still has not promulgated implementing regulations. Without authority to impose civil monetary sanctions for attorney misconduct, Immigration Judges lack an important tool in controlling court proceedings over which they preside.

DEEPENING DISCONNECT IN FUNDING BETWEEN DHS AND THE IMMIGRATION COURTS

In the past decade, budgets for components in the Department of Homeland Security (Customs and Border Patrol and Immigration and Customs Enforcement) rose approximately 300% compared to 70% for the Executive Office of Immigration Review.xviii In the meantime, while grappling with this meteoric rise in our dockets, budget bills fail to “right-size” this funding ratio and properly provide for the predictable needs of our courts. xix

CHRONIC SCARCITY OF RESOURCES CRIPPLES DAILY OPERATIONS OF THE COURT

A catastrophic hardware failure on April 12, 2014 took the docketing system off-line for five weeks, impacting the public hotline, digital audio recording and access to the electronic docketing database.xx We fear occurrences like this are just the tip of the iceberg as our chronically resource-starved system continues to face the unprecedented challenges of aging technology, surging caseloads and potential retirements.xxi We remain behind the curve, lacking state-of-the art-technology, e-filing and a reliable corps of skilled interpreters. Cases are cancelled on a regular basis because of the language services contractor’s inability to provide interpreters and serious due process concerns are implicated as the quality of interpreters which are provided has diminished.

2

JUDGES PUSHED TO THE BRINK

More than five years ago, Immigration Judges reported stress and burnout at higher levels than prison wardens or doctors at busy hospitals.xxii After continuing to struggle in an environment of decreased resources and skyrocketing caseloads for so long, morale is at an all-time low and stress at an all-time high. An unprecedented number of retirements is looming.

SOLUTION

While it cannot be denied that additional resources are desperately needed immediately, resources alone cannot solve the persistent problems facing our Immigration Courts. Structural reform can no longer be put on the back burner. Since the 1981 Select Commission on Immigration, the idea of creating an Article I court, similar to the U.S. Tax Court, has been advanced.xxiii In the intervening years, a strong consensus has formed supporting this structural change. xxiv For years experts debated the wisdom of far-reaching restructuring of the Immigration Court system. Now “[m]ost immigration judges and attorneys agree the long term solution to the problem is to restructure the immigration court system….” xxv

The time has come to undertake structural reform of the Immigration Courts. It is apparent that until far-reaching changes are made, the problems which have plagued our tribunals for decades will persist. For years NAIJ has advocated establishment of an Article I court. We cannot expect a different outcome unless we change our approach to the persistent problems facing our court system. Acting now will be cost effective and will improve the speed, efficiency and fairness of the process we afford to the public we serve. Our tribunals are often the only face of American justice these individuals experience, and it must properly reflect the principles upon which our country was founded. Action is needed now on this urgent priority for the Immigration Courts. It is time to stop the cycle of overlooking this important component of the immigration enforcement system – it will be a positive step for immigration enforcement and due process.

For additional information, visit our website at www.naij-usa-org or contact:

Dana Leigh Marks, President
National Association of Immigration Judges
100 Montgomery Street, Suite 800
San Francisco, CA 94104
415-705-0140
Dana.Marks@usdoj.gov and danamarks@pobox.com

i Transactional Records Access Clearinghouse (TRAC), Syracuse University, Backlog of Pending Cases in Immigration Courts as ofDecember2016,http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php; TRAC,SyracuseUniversity, Average Time Pending Cases Have Been Waiting in Immigration Courts as of April 2017, http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php/.

ii Id. and Human Rights First, Reducing the Immigration Court Backlog and Delays, http://www.humanrightsfirst.org/sites/default/files/HRF-Backgrounder-Immigration-Courts.pdf

3

iii

iv

v

Supra note i.

Supra note i.
See Presidential Memorandum For the Heads of Executive Departments and Agencies, June 2, 2014,

http://www.whitehouse.gov/the-press-office/2014/06/02/presidential-memorandum-response-influx-unaccompanied-alien-

children-acr and David Rogers, Senate Democrats Double Funding for Child Migrants, POLITICO, June 10, 2014,http://www.politico.com/story/2014/06/child-migrants-immigration-senate-democrats-107665.html

vi TRAC, http://trac.syr.edu/phptools/immigration/juvenile/

vii PBS News Hour, Last year’s child migrant crisis is this year’s immigration court backlog, http://www.pbs.org/newshour/wp-content/uploads/2015/06/Last-years-child-migrant-crisis-is-this-years-immigration-court- backlog.mp3, June 18, 2015

viii Increase in US Immigration Enforcement Likely to Mean Jump in Deportations, VOA, February 3, 2017, https://www.voanews.come/a/increased-us-immigration-enforcement-to-mean-jump-in-deportations/3705604.html

ix Priscilla Alvarez, Trump’s Immigration Crackdown Is Overwhelming a Strained System, THE ATLANTIC, April 21, 2017, https://www.theatlantic.com/politics/archive/2014/04/trump-immigration-court-ice/523557

x Caitlin Dickerson, Immigration Arrests Rise Sharply as a Trump Mandate is Carried Out, THE NEW YORK TIMES, May 17, 2017, https://www.nytimes.com/2017/05/17/us/immigration-enforcement-ice-arrests.html?_r=0

xi See Press Release, Dep’t of Justice, Attorney General Alberto R. Gonzales Outlines Reforms for Immigration Courts and Board of Immigration Appeals (Aug. 9, 2006), available at http://www.justice.gov/opa/pr/2006/August/06_ag_520.html , and TRAC, Improving the Immigration Courts: Efforts to Hire More Judges Fall Short, http://trac.syr.edu/immigration/reports/189/ .

xii Approximately 20 Immigration Judges are now serving in exclusively or primarily managerial positions with little or no pending caseload. See EOIR Immigration Court Listings, http://www.justice.gov/eoir/sibpages/ICadr.htm. Moreover, it is extremely difficult to precisely calculate the number of IJs at any given point due to the rapid rate of retirements. See Homeland Security Newswire, U.S. Govt. the Largest Employer of Undocumented Immigrants, May 30, 2014, http:www.homelandsecuritynewswire.com/dr20140530-u-s-govt-the-largest-employer-of-undocumented-immigrants

xiii GAO, Immigration Courts – Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges, GAO-17-438 (June, 2017).

xiv Supra note xiv; https://www.justice.gov/eoir/eoir-immigration-court-listing
xv See, supra, Human Rights First, Reducing the Immigration Court Backlog and Delays,

http://www.humanrightsfirst.org/sites/default/files/HRF-Backgrounder-Immigration-Courts.pdf

xvi American Bar Association, Reforming the Immigration Court System (2010), Administrative Conference of the United States (ACUS), “Immigration Removal Adjudication, Committee on Adjudication, Proposed Recommendation,” June 14 – 14, 2012; Georgetown University, Institute for the Study of International Migration, Refugee, Asylum and Other Humanitarian Policies: Challenges for Reform, report on expert’s roundtable held on October 29, 2014, available at https://isim.georgetown.edu/sites/isim/files/files/upload/Asylum%20%26%20Refugee%20Meeting%20Report.pdf

  1. xvii  Supra note xiv.
  2. xviii  See, Marc R. Rosenblum and Doris Meissner, The Deportation Dilemma, Reconciling Tough and Humane Enforcement,

MIGRATION POLICY INSTITUTE, April, 2014, http://www.migrationpolicy.org/research/deportation-dilemma-reconciling-tough- humane-enforcement

xix Erica Werner, Spending Leaves Out Immigration Courts, ASSOCIATED PRESS, Sept. 18, 2014, http://hosted.ap.org/dynamic/stories/U/US_CONGRESS_IMMIGRATION_OVERLOAD?SITE=AP&SECTION=HOME&TEMPLATE- DEFAULT&CTIME=2014-08-18-16-57-40

4

xx Elizabeth Summers, Weeks-Long Computer Crash Sends U.S. Immigration Courts Back to Pencils and Paper, PBS NEWSHOUR, May 23, 2014, http://www.pbs.org/newshour/updates/weeks-long-computer-crash-sends-u-s-immigration-courts-back- pencils-paper/.

xxi Laura Wides-Munoz, Nearly Half Of Immigration Judges Eligible For Retirement Next Year, Huffington Post, Dec. 22, 2013, available at http://www.huffingtonpost.com/2013/12/22/immigration- judges_n_4489446.html?utm_hp_ref=fb&src=sp&comm_ref&comm_crv.

xxii Stuart L. Lustig et al., Inside the Judges’ Chambers: Narrative Responses from the National Association of Immigration Judges Stress and Burnout Survey, 23 GEO. IMMIGR. L.J. 57 (2009).

xxiii COMM’N ON IMMIGRATION & REFUGEE POLICY, U.S. IMMIGRATION POLICY AND THE NATIONAL INTEREST: FINAL REPORT AND RECOMMENDATIONS OF THE SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY WITH SUPPLEMENTAL VIEWS BY THE COMMISSIONERS (1981).

xxiv Prestigious legal organizations such as the American Bar Association, Federal Bar Association, and American Judicature Society wholeheartedly endorse this reform. While not as certain as to the exact form of change desired, reorganization has also been endorsed by the American Immigration Lawyers Association, and increased independence by the National Association of Women Judges.

xxv Supra, note ii.”

5

*************************************************

PROGRAM NOTE:

I am a retired member of the National Association of Immigration Judges (“NAIJ”).