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Three Democratic representatives took the first step to achieve the independence of the immigration courts, so that the historical backlog of cases that currently totals 1.6 million files can be ended.
The Democrat Zoe Lofgren (California), chairwoman of the Subcommittee on Immigration in the House of Representatives leads the proposal, which is accompanied by her colleagues party, Jerrold Nadler (New York), Chairman of the Judiciary Committee, and Hank Johnson (Georgia), Chairman of the Subcommittee on Courts, Intellectual Property and the Internet.
With the HR 1168447608 or The Real Courts, Rule of Law Act of 2022 (Las Cortes Reales, Ley de Estado de Derecho de 2022) seeks to transform the immigration judicial system, so that the courts no longer depend on the Department of Justice (DOJ).
“The bill will ensure that immigration courts are administered by qualified and impartial judges,” say the plan’s sponsors.
In addition, the independent courts would have adequate judicial resources and support services and would exercise greater transparency.
“Our immigration court system will never be effective while it is under the control of the Department of Justice,” Lofgren said. “Congress must act by passing the Royal Courts Act…This structural overhaul will strengthen due process and restore faith in the system.”
For Representative Nadler this reform is a priority, in order to end “Democratic and Republican interference” in the immigration system
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“Our country needs an immigration justice system that can render fair decisions in accordance with the law, not one that is subject to political whims” , he considered.
Representative Johnson stressed that the modification of the courts could end the sentence of 1.6 million files, in addition to ensuring the processes for non-citizens.
“Our current migration backlog is close to 1.6 million cases and lacks procedural and structural guarantees to protect the human beings who are part of these cases,” he said. “This bill will ensure fairness and transparency when it comes to these life and death decisions.”
A recent Transactional Records report Access Clearinghouse (TRAC) at Syracuse University found, for example, that as of December 2021 more than 18,000 cases related to asylum-seeking families had been assigned to the “Dedicated File” (DD) initiative and most of these people do not have legal representation.
“Dedicated Docket cases constituted nearly one in five (18%) of all new Notices to Appear (NTA) filed with the Court during this period”, it was indicated.
Celebrate project
The National Association of Immigration Judges (NAIJ) celebrated the presentation of the pro bill, which must be approved in the respective committees, then in plenary and then sent to the Senate.
“If approved, the nation’s immigration judges would be removed from the Department of Justice, where they don’t belong, and become part of an independent Article I immigration court,” the statement said. Judge Mimi Tsankov, president of the NAIJ.
She added that this proposal is an “important” step to achieve due process for immigrants, since that greater judicial independence would be guaranteed, in addition to eliminating “an inflated bureaucratic structure.”
“Immigration courts are drowning under the weight of shifting and politically motivated priorities,” he acknowledged. “With this new structure, inspired by other federal courts, immigration hearings will be fairer and more efficient, free from political pressure.”
The American Bar Association (ABA) also highlighted the proposal, considering that judges would make decisions “without external pressure” , said Reginald Turner, president of the group.
Jeremy McKinney, president-elect of the American Immigration Lawyers Association (AILA ), said the bill will help immigrants have “a fair day” before judges.
“Regardless of their administration or political party, attorneys general can abuse the extraordinary power they have over the immigration courts and sacrifice due process for convenience”, he warned.
The Federal Bar Association (FBA) joined the celebration of the project. The president of that organization, Ahn Le Kremer, considered this will help guarantee “due process” for immigrants.