Immigration Judges Will Be Evaluated By Quota Of 700 Cases Per Year

The Latest Koch group says Trump should compromise on DACA

The Justice Department issued a directive to USA immigration judges to clear at least 700 cases per year to get a "satisfactory" rating, according to reports.

The Justice Department's Executive Office for Immigration Review (EOIR) said the new standards would take effect on October 1, the start of the 2019 fiscal year, and judges must complete 700 cases a year, the Wall Street Journal initially reported.

"This is a recipe for disaster", one immigration judge said.

According to a copy of the guidelines, first reported by The Wall Street Journal, the objective of the new quota system will be to ensure "cases are completed in a timely, efficient, and effective manner".




According to the Department of Justice, the average immigration judge "currently completes 678 cases per year", so the new guidelines would involve solving about three cases a day. But supporters point to the massive backlog of immigration cases as the reason for the speed-up.

"Using metrics to evaluate performance is neither novel nor unique to (the Executive Office for Immigration Review)", McHenry wrote. Our political discourse around immigration is fraught, and this feels like Sessions' trademark misapplications of justice which, in this case, could inflict callous and rushed judgment on immigrants.

"The quota system proposed would raise questions about judicial independence and the possibility of judges basing rulings on factors other than the law and the facts in specific cases before them, such as the judges' self-interest in his or her own professional advancement", Tobias said.

"These performance metrics... are created to increase productivity and efficiency in the system without compromising due process", a Justice Department official told Fox News. Placing time constraints on judges will pressure them to reach decisions without allowing sufficient time for evidence to be secured, for interpreters in rare languages to be obtained, and perhaps most important, for legal counsel to be found. Data shows detained immigrants who have legal counsel are ten times more likely to be granted asylum or other relief from the court. "Immigrants will assert the immigration judge's decision denied them due process rights as immigration judges are forced to rush complicated cases through the system without affording each matter proper review", the union said. "The objective of implementing these metrics is to encourage efficient and effective case management while preserving immigration judge discretion and due process". According to them, placing a limit on the time invested by judges on a case and the number of cases they should clear in a span of a year could risk the due process. Decisions in immigration court have life or death consequences and can not be managed like an assembly line.

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