Federal Judges Complain about Immigration Caseload

We have previously reported on federal judges like Richard Posner who have complained about the administrative processes that lead to the onslaught of cases at the federal court level. Legal Times reports on a panel discussion on this topic that took place yesterday in New York:

Two federal appeals judge and the chair of the Board of Immigration Appeal painted a bleak picture on Sunday of a growing crisis in the adjudication of immigration cases at the administrative and appeals levels.

Speaking at a panel discussion before an audience at the American Bar Association’s annual meeting in New York City, 2nd circuit judge Robert Katzmann and 9th circuit judge M. Margaret McKeown described a crisis fueled by increased enforcement and detention, bad or non-existent lawyering for immigrants facing deportation, as well as overwhelmed immigration judges and appeal judges. “It’s like a tsunami,” McKeown said.

At the 2nd Circuit, Katzmann said, immigration cases six years ago amounted to only four percent of the docket, but now comprise 39 per cent of the court’s cases. In many of the cases, the record is inadequate and shows signs of incompetent representation. “By the time we get the case, it’s often too late,” said Katzmann. “It’s often hard to get a good night’s sleep when you feel the lawyering in a case has not been good.” The surge in cases began, panelists said, after then-Attorney General John Ashcroft streamlined the removal process in 2002. That, McKeown said, had the effect of giving the attorney general “a clean plate and a clean desk,” but transferred the burden and the caseload to the appeals courts. Some of the streamlining has since been changed after complaints from federal judges. Click here for the rest of the story.

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