Major Changes Announced To Immigration Courts [Statement]

Breaking: Statement By Immigration Judges Union On Major Change Announced To Immigration Courts

Statement by the Hon. Ashley Tabaddor, Pres. of the National Association of Immigration Law Judges

Immigration Courts

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In an unprecedented attempt at agency overreach to dismantle the Immigration Court, the Department of Justice, Executive Office for Immigration Review (EOIR) today published a new interim rule, effective next Monday, which takes steps to dismantle the Immigration Court system. DOJ’s action ends any transparency and assurance of independent decision making over individual cases.

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By collapsing the policymaking role with the adjudication role into a single individual, the Director of EOIR, an unconfirmed political appointee, the Immigration Court system has effectively been dismantled,” said Ashley Tabaddor, President of the National Association of Immigration Judges.

The new rule is a wolf in sheep’s clothing. While couched in bureaucratic language, the impact of this regulation is to substitute the policy directives of a single political appointee over the legal analysis of non-political, independent adjudicators. The creation of a mini-Attorney General in the EOIR’s Director, who is a political appointee, not confirmed by the Senate and currently not empowered to adjudicate cases, will in effect abolish the separation of functions where the Attorney General’s duties as a law enforcement agent are distinct and separate from his adjudicatory duties. The unprecedented creation of an Office of Policy within EOIR under the Director’s authority, designed to formulate, coordinate, and implement the executive branch’s immigration law enforcement policies combined with the Director’s new direct adjudicatory role over individual cases, removes any semblance of an independent, non-political court system which ensures due process rather than political expediency.

Furthermore, this bold-faced power-grab undermines oversight by the public through the established notice and comment procedure.

The National Association of Immigration Judges received notice of this action only today when the press was advised.  We are currently studying the regulation carefully to provide a more detailed analysis in the days ahead.




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Jacob Wolinsky
Jacob Wolinsky is the founder of ValueWalk.com, a popular value investing and hedge fund focused investment website. Prior to ValueWalk, Jacob was VP of Business Development at SumZero. Prior to SumZero, Jacob worked as an equity analyst first at a micro-cap focused private equity firm, followed by a stint at a smid cap focused research shop. Jacob lives with his wife and four kids in Passaic NJ. - Email: jacob(at)valuewalk.com - Twitter username: JacobWolinsky - Full Disclosure: I do not purchase any equities anymore to avoid even the appearance of a conflict of interest and because at times I may receive grey areas of insider information. I have a few existing holdings from years ago, but I have sold off most of the equities and now only purchase mutual funds and some ETFs. I also own a few grams of Gold and Silver