Source Link
Excerpt:
This April, the acting director of the Executive Office for Immigration Review issued a memo clarifying the requirement of immigration judges to effectively manage their crushing caseloads by dismissing legally insufficient applications for protection from removal or for asylum.
This is the most significant action taken by any administration to give immigration judges the tools that all other judges have in their tool kit to dismiss meritless cases on their existing dockets and swat away specious claims in the future.
Take the fact that there are over four million pending cases on immigration review docket, and the fact that, in 2022, about 68% of removal and deportation cases resulted in removal orders, and only about 14% of asylum claims were granted. Based on my conversations with immigration chief judges, if immigration judges do their duty, they could trim the existing dockets by up to 70% and could dismiss over 2.8 million cases.
For over six years, we have been urging the Department of Justice and administrations across both parties to give immigration judges the same tools that all state and federal judges have to manage their dockets. The three tools are summary judgment authority, the ability to dismiss a clearly non-meritorious case based on the pleadings (the written paperwork filed with the court), and contempt authority. See here, here, here and here.