Ashcroft's answer to judge's rebellion?

Michael Pollak mpollak at panix.com
Wed Feb 6 19:18:00 PST 2002


February 6, 2002

Ashcroft to Reduce Appeals Judges

By THE ASSOCIATED PRESS

Filed at 2:10 p.m. ET

WASHINGTON (AP) -- Attorney General John Ashcroft announced plans

Wednesday to reduce the number of judges hearing immigration appeals,

meaning most immigrants accused of being in America illegally could

face deportation orders after arguing their case before a single

judge.

Under current rules, a panel of three judges on the U.S. Board of

Immigration Appeals usually makes deportation decisions. Immigrants

still would be allowed to appeal their cases before a U.S. District

judge, which now occurs in about 15 percent of cases.

Ashcroft said the new rules, under consideration since September 2000,

will eliminate a backlog of more than 56,000 immigration cases because

reviews by a single judge can be conducted more quickly. He also said

the plan would save the government $30 million each year in salaries

and the costs of detaining immigrants during lengthy appeals.

His plan cuts the number of judges hearing cases to 11. The Clinton

administration had expanded the number of judges in 1995 from five to

23, though there currently are four vacancies. Under Ashcroft's plan,

the attorney general would decide which judges remain on the

immigration board.

Ashcroft submitted the new rules for publication in the Federal

Register, setting off a 30-day period for public comments.

He said some court reviews take up to seven years, which he called a

``shocking delay'' that ``gravely undermines'' fair enforcement of

U.S. immigration laws. He said the board under its existing structure

was ``broken in several respects.''

``Justice delayed is justice denied,'' Ashcroft said. ``When it takes

several years to render a decision, justice is not only denied, it is

also derailed.''

Some critics worry that Ashcroft's changes will make appeals more

difficult to win and will curtail immigrants' civil liberties. The

chairman of the Senate Judiciary immigration subcommittee, Ted

Kennedy, D-Mass., has said previously that he was ``seriously

concerned about the attempt to further reduce an immigrant's right to

seek review of his or her case before an appellate judge.''

Ashcroft also complained Wednesday that some immigration lawyers

intentionally file appeals to the board as a delay tactic to avoid

immediate deportation for their clients.

Copyright 2002 The Associated Press | Privacy Information



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