Monday, June 27, 2022

‘Unprecedented’ upheaval in immigration courts from Biden’s bid to reshape the agency


The Biden administration has been quietly packing the nation’s immigration courts, ousting Trump-hired judges and installing judges deemed to be friendlier to the immigrants whose cases they hear, in what one Justice Department official called an “unprecedented” injection of politics into the courts.

At least a half-dozen judges hired during the Trump years have been axed, including two this month in Arlington, Virginia.

They are part of a massive upheaval in the Executive Office of Immigration Review, which has seen four of its top officials pushed out of their jobs. The director was among the four and, for the first time in the agency’s history, was removed involuntarily.

“It’s an attempt to weaponize the courts along ideological lines,” said Matthew J. O’Brien, one of the two judges ousted from Arlington, Virginia. “It’s court packing on steroids. It’s court packing by deletion and then addition, because they’re getting rid of judges and they’re replacing them with people who meet their ideological framework.”

Mr. O’Brien was coming up on the end of his two-year probationary period, and the Justice Department, which runs EOIR, declined to convert his post to a permanent judgeship.

He said it’s exceptionally rare to use the probation period ouster, and it’s usually only done for cases of serious job misconduct such as sexual harassment. Trump administration officials said they couldn’t recall a single judge ousted after a probationary period because of politics.

The Biden administration has done it in more than a half-dozen cases, in addition to firing four senior officials.

“This turnover is unprecedented in the history of EOIR, and it all appears to be politically motivated in an effort to install Biden allies and pro-Democrat advocacy group supporters in both leadership and adjudicatory positions,” said one Justice Department official, who requested not to be named out of fear of retaliation.

Immigration judges, or IJs, are administrative positions hired by the Justice Department and don’t go through Senate confirmation.

There are about 590 judges, and they handle civil immigration matters, deciding whether a migrant challenging a pending deportation wins their case and gets to stay.

That makes immigration judges a central part of the Biden administration’s push to clear the dockets and grant leniency to longtime immigrants without documentation who don’t rise to the level of priority cases for deportation. Critics deride it as a “shadow amnesty.”

Mr. O’Brien said he had heard just two or three substantive cases over the last couple of months. A normal workload would have been many dozens of cases each month.

https://www.washingtontimes.com/news/2022/jun/20/doj-engaged-court-packing-steroids-immigration-jud/

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