The ban was imposed by a federal judge in the District of Columbia (DC) Department of Justice (DOJ) To enforce a regulation Posted December In the Federal Register (U.S. Official Gazette) with the aim of speeding up the process Deportation In Immigration Court (EOIR).
The rule is set until January 15, five days before the inauguration Joe Biden, All comments made by the judges Immigration They may turn upside down, leaving thousands of immigrants fighting legally in the country.
Central District Judge Richard J. Lyon stopped enforcing the move, while including the plaintiffs National Center for Immigrant Justice And CLINIC FRAMEThe Catholic Network, which provides legal aid to immigrants across the country, continues to challenge the move in court.
In conclusion, Leon said, based on the plaintiffs’ panel evidence, they have proven that there is a probability of success.
The Trump term rule stipulates that immigration judges are less prudent and that the Immigration Appeals Board (PIA) may change the sentences they send.
The new rule removed the will of judges to decide cases and opened the door to changing sentences in cases such as reopening and reviewing cases, thus restricting the administration of justice.
However, the changes did not prevent the parties within a process from filing joint movements, even in circumstances where the facts or the relevant change in law had occurred.
Following the release, the DOJ granted the public 30 days to comment, a deadline that Judge Leon challenged in his sentence. “Thirty days is not long enough to provide a meaningful opportunity to comment on the most technical and complex regulation,” he said.
The Department of Justice (DOJ) announced the suspended rule At the end of August Since last year. “We will amend the rules of the Immigration Court regarding the handling of appeals,” the ministry said on the occasion.
The government pointed out that “many changes in the processing of appeals” were aimed at “ensuring the consistency, performance and quality of its awards.”
This change was first considered in 2018 by the then Attorney General, Jeff sessions, Who sought to limit the power of immigration judges to expedite Deportation.
At the time, the officer had signed an interim order establishing the standard of “good cause” for judges to postpone or cancel deportation.
The decision affected thousands of cases that have been living in the country for years. A year later, the Court of Appeals gave immigration judges in four states the power to administratively close deportation cases. And to members of the Court of Appeal.
Reactions to failure
One of the plaintiffs, the national network CLINIC, announced in its Twitter social networking account Judge Lyon’s verdict that the judiciary initially opposed the suspension of the action, which the Biden government reviewed.
The verdict points out that the plaintiffs have proven that irreparable damage to the immigrants will occur if the action is not stopped immediately.
Karen Swick, senior attorney for the National Center for Immigration Justice (NIJC), told Law 360 that the organization was “pleased the court recognized this catastrophic consequences if the rule was allowed to come into force.”
They were tense
Advocates, consulted by the UN Notice, said the deportation represents a significant risk for immigrants fighting legally for their permanent status in the country.
Rebecca Sanchez-Royk, an immigration attorney trained in Miami, Florida, said in August that she had been an immigration attorney in the judiciary for 15 years.
When it came into force it “reformed BIA procedures and removed appropriate procedural guarantees to expedite deportations; That is, deportation by jet ”(rocket).
The final ruling, issued in December, explained to the director of the Immigration Court that “a political appointment gave him the extraordinary power to adjudicate on appeals and to change the BIA’s decision if requested by an immigration judge.” Attorney.
“Depression arises as a result of this proposed regulation. He gave broad powers to a bureaucracy, to a politician elected by the government, to put power and independence in his hands, and he had in his hands to make quick, dreary decisions at the sacrifice of the appropriate process,” he added.
Prosecutors said the suspended regulation removed the appeal process and formally barred immigration judges and PIA members from temporarily suspending low-priority activities of their choice.
“Judge Leon restored the rights of immigrants,” said Jose Guerrero, an immigration lawyer trained in Miami, Florida. “Now they can defend their right to stay in the United States within due process and without the threat that their sentences will be changed by a political director.”
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