Monday, July 8, 2019

A new federal regulation aims to cement AG Barr’s power over immigration court decisions

Brendan Smialowski/AFP/Getty Images
The Trump administration is planning to revive a decade-old proposal that will cement Attorney General William Barr’s say over what goes on in America’s federal immigration courts.
In short, the rule, which was put forward by the Department of Justice’s Executive Office for Immigration Review (EOIR) and published in the federal register on Tuesday, codifies the power of the attorney general to decide which immigration court cases will create binding precedent for future immigration decisions, according to information from the DOJ.
An official regulatory document from the Department of Justice explains that the rule itself is not necessarily a new one, but was proposed by former Attorney General Alberto Gonzalez’s Department of Justice as part of streamlining efforts during the Bush administration in 2006.
Federal immigration courts are separate from the federal judiciary and are under the administration of the DOJ. Appeals from immigration decisions by those courts are heard by the Board of Immigration Appeals (BIA), which is the “highest administrative body for interpreting and applying immigration law” in the United States government and is under the EOIR.
“The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm,” the DOJ’s website explains.
Read the rest from Nate Madden HERE.

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