BREAKING: ABSURDIST “IJ DASHBOARDS” HEADED FOR THE SCRAP HEAP? — New EOIR Director David Neal Reportedly Takes Prompt Action To Eliminate Wasteful, Counterproductive, Stress-Inducing “Big Brotherism” On The Bench!

Hon. David. L. Neal
Hon. David L. Neal
Director
Executive Office For Immigration Review
USDOJ
PHOTO: C-SPAN

BREAKING: ABSURDIST “IJ DASHBOARDS” HEADED FOR THE SCRAP HEAP? — New EOIR Director David Neal Reportedly Takes Prompt Action To Eliminate Wasteful, Counterproductive, Stress-Inducing “Big Brotherism” On The Bench!

By Paul Wickham Schmidt

Courtside Exclusive

Oct. 20, 2021

Sources in and outside of EOIR confirm that new EOIR Director “David Neal has ended the dashboard. Supposedly, new IJ quotas are coming, which will be presented as kinder, more humane quotas.”

The “IJ Dashboards,” inextricably tied to due-process-denying “deportation quotas” for Immigration Judges were one of the stupidest, most childish, and transparently counterproductive wastes of taxpayer money by the Trump regime at the DOJ. They were harshly criticized both internally and by outside commentators, including “Courtside.” Their ineffectiveness in reducing backlogs and their adverse effects on already “below basement level” IJ morale are matters of public record!

Shockingly, this wasteful abuse of technology was undertaken at a time when EOIR was continuing its two decade abject failure to implement a badly-needed and long overdue nationwide e-filing system. Who knows how many files and filings are actually floating around EOIR (“lost in space”)? EOIR incompetence means we might never know the full extent of the ongoing backlog disaster! Will David Neal become the first Director in more than two decades to actually solve this problem, rather than just scrambling to conver up failure?

Congratulations to Director Neal for “taking at least one small step for mankind.” We’ll wait to hear what he does to make “IJ quotas” more “kind and gentle.” 

The obvious “no brainer” answer is to eliminate them entirely. They could be replaced with realistic, non-mandatory “goals” or “guidelines” for deciding certain types of cases. This might provide helpful guidance for IJs in setting expectations and fairly and professionally handling clogged dockets, rather than ham-handed attempts at coercion and transparent “blame shifting.”

However those guidelines would have to be developed with input from the Immigration Judges themselves, counsel from both the private bar and DHS, and some true judicial experts — perhaps “on loan” from the Administrative Office for U.S. Courts, the Brennan Center, the ABA, and/or the FBA.

Past “goals and timetables” have been the product of political posturing and wishful thinking by those bureaucrats at DOJ and EOIR trying to shift blame and CTA for the failing system under their responsibility. The legitimacy of the process by which any guidelines are established is critical to making them realistic and helpful, rather than just another bureaucratic gimmick untethered to reality as past guidelines have been.

🇺🇸Due Process Forever!

PWS

10-20-21