Whose Court Is This Anyway? Immigration judges accuse executive branch of politicizing their courts

Lorelei Laird for the ABA Journal analyzes the concerns with the independence of the immigration courts under President Trump’s leadership.  She writes that “Immigration courts have always been susceptible to politics; presidents have, for example, rearranged dockets to suit their political needs. But the [National Association of Immigration Judges] and others are concerned that the Trump administration has moved from reprioritizing cases to deliberately trying to affect case outcomes. Changes that have caused concern include unilateral changes to case law . . . ; pressure on judges to rule faster; and even allegations that the [Department of Justice] is considering political affiliation in hiring new immigration judges.” “It’s all part of what our association has referred to as ‘the deportation machine,’ ” says Jeremy McKinney, treasurer of the American Immigration Lawyers Association. “In other words, transforming a court that is supposed to be an independent and neutral trier of law and fact into an arm of law enforcement.”

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KJ