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.
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