Justice Department Introduces Quota for Immigration Judges to Clear Cases

The Latest Koch group says Trump should compromise on DACA

The Latest Koch group says Trump should compromise on DACA

USA immigration judges have been told that their job performance will be evaluated based on how quickly they are able to close cases.

The memo is part of a sustained effort by Attorney General Jeff Sessions to clear a huge backlog of immigration cases - which, contrary to criminal proceedings, are the responsibility of the executive branch, and specifically, of McHenry's office - by speeding up each case and bringing in more judges.

The memo adds to Justice Department ongoing pressure on immigration judges to clear the immigration court system's lengthy case backlog. It is estimated that more than 600,000 people are still waiting to have their immigration cases heard in the U.S.

"The objective of implementing these metrics is to encourage efficient and effective case management while preserving immigration judge discretion and due process", James McHenry, director of the Justice Department's Executive Office for Immigration Review, wrote in an email to immigration judges obtained by the Journal.

The US justice department is to set increase pressure on immigration judges in an attempt to speed up the processing of cases, US media report. Eighty-five percent of cases involving detained-jailed-immigrants must be completed within three days of a hearing on the merits, and 95 percent of merits hearings must be completed on their original scheduled dates.

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O'Malley said the department understands some cases can be complex and that judges who fail to meet the quota can appeal.

The National Association of Immigration Judges (NAIJ), which represents immigration judges in the USA, has warned that the new quotas will "put due process at risk and threaten judicial independence".

Judge A. Ashley Tabaddor, president of the National Association of Immigration Judges, says "it could call into question the integrity and impartiality of the court if a judge's decision is influenced by factors outside the facts of the case or if motions are denied out of a judge's concern about keeping his or her job".

The Trump administration is seeking to hire dozens of new judges per year to tackle the immigration backlog, an approach that Carl Tobias, a law professor at the University of Richmond, said would be a more sensible course. But the judges' union said issuing a quota to obtain a satisfactory rating is an "unprecedented" attack of judicial independence.

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