U.S. Lawyer Basic Jeff Classes issued an order Thursday searching for to hurry up the dealing with of deportation instances, telling immigration judges they need to solely difficulty continuances in immigrant elimination proceedings for “good trigger.”
Classes, in an interim resolution, mentioned immigration judges may grant motions for continuances in elimination instances “solely ‘for good trigger proven.’”
The “good-cause normal,” he famous, “limits the discretion of immigration judges and prohibits them from granting continuances for any cause or no cause in any respect.”
Not like the federal judiciary system, U.S. immigration courts fall below the Justice Division’s jurisdiction, and the lawyer common can intervene.
Classes has been unusually energetic on this apply in comparison with his predecessors, exercising his intervention authority to make it more durable for some folks to legally stay in america.
Backlog of instances
The Justice Division has been struggling to scale back a backlog of deportation instances. An evaluation by the Authorities Accountability Workplace final yr discovered that the variety of instances that drag on from one yr to the subsequent greater than doubled between 2006 and 2015, primarily as a result of fewer instances are accomplished per yr.
Spokesman Devin O’Malley mentioned the Justice Division had employed extra immigration judges and diminished the time it took to rent them. However, he mentioned, “pointless and improper continuances … proceed to plague the immigration court docket system and contribute to the backlog.”
Test on judges’ authority
The lawyer common mentioned in his resolution Thursday that the “use of continuances as a dilatory tactic is especially pernicious within the immigration context” as a result of folks within the nation illegally who wish to stay have an incentive to delay their deportation so long as potential.
He mentioned requiring judges to grant continuances solely for good trigger could be “essential verify on immigration judges’ authority that displays the general public curiosity in expeditious enforcement of the immigration legal guidelines.”
Classes mentioned important in displaying good trigger is whether or not the individual is probably going to reach efforts to stay in america, both by interesting for asylum or receiving approval to stay by another channel.