Trump Administration to Set Case Quotas for Immigration Judges

The Washington Post reported early this week that the Justice Department (DOJ), under order of the White House, would set new review requirements for federal immigration judges. The new review process would require judges to process and clear a minimum of 700 cases a year to receive a “satisfactory” performance score from the DOJ. This new requirement could harm those who are currently in removal proceedings.

Which Types of Cases will be Impacted?

The quota would affect all cases held under the Executive Office for Immigration Review (EOIR). The EOIR responds to charges brought forth by the Department of Homeland security against a foreign national, or alien. The EOIR, which oversees all immigration court proceedings, determines whether an individual is eligible for removal proceedings and if a foreign national qualifies for protection or relief from removal proceedings.

Implications

Judicial performance reviews are a way for the Justice Department to hold EOIR judges accountable and to measure trends across the country. Previously, performance reviews have averaged the number of cases each immigration judge clears per year, and typically judges clear a little over 2 cases a day. However, the new quota would pressure judges to rush through complex cases to reach the DOJ standard. Therefore, complicated cases with years of evidence would not receive adequate time for adjudication. According to the Washington Post, some believe that the new requirement is an effort from the Justice Department to respond the Attorney General Jeff Sessions efforts to end the backlog of immigration cases.