Posted on 09/08/2023 3:33:24 PM PDT by Right Wing Vegan
The Biden administration is proposing making immigration judges’ authority to pause qualifying removal cases a permanent policy. Referred to as administrative closure, the authority is not explicitly stated in regulations. The Biden proposal goes a step further, suggesting judges gain the authority to close deportation matters as well.
The proposal includes a list of circumstances that immigration judges may refer to while considering a request for relief. Included in the list is why administrative closure is requested and if the individual may be eligible for immigration relief with USCIS. For case termination, specific instances are also noted, however, the Department of Justice claims immigration judges should have the authority to terminate proceedings as they deem fit, whether explicitly stated in regulations or not.
Immigration judges have long used administrative closure to help manage caseloads. As an example, cases where noncitizens have a pending application with U.S. Citizenship and Immigration Services may be paused. This gives USCIS time to complete adjudication. The individual may receive a qualifying status to remain in the U.S. If the removal proceedings continued, the individual may be forced to leave the U.S. although eligible for legal status.
During the Trump administration’s final weeks in January 2021, broad changes were made to immigration courts and the Board of Immigration Appeals (BIA). The updates focused on expediting the deportation process, including limiting immigration judges’ ability to dismiss or reopen cases. Strict filing deadlines were also enacted. The authority of the BIA to hear cases at their discretion was also eliminated by the Trump administration. The Trump administration stated the policies would help ease the backlog in immigration courts.
The Trump policies were quickly challenged. In March 2021, only two months after the policies were set, a federal judge barred enforcement of the Trump policies.
The Department of Justice is requesting public comment on the proposal.
No, not on allowing stays, Yes on deportation.
Should automatically deport if no hearing within 90-days. Let them then wait at home or 3rd party country.
I was wrong in my other post... here comes the sweeping unconditional powers grabbed in response to the self created crisis of the Biden administrations.
If these are Article I judges, then Biden doesn't have the constitutional authority to make new law.
-PJ
Is any of this proposal supported by the statutes? (wait don’t answer that, I already know). We’re living in a dictatorship.
the authority is not explicitly stated in regulations
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Well there is a real Sieg Heil statement if I’ve ever seen one.
Coming from a national socialist it’s par for the course though.
And let me guess. These “judges” will be able to rule on all cases without seeing the illegal invader and will just rubber stamp approvals and close the issue granting them defacto legal status without even a hearing. Hell. Biden’s IT department is probably writing the algorithms now, so that a judge won’t even have to open a case file and save the digital info.
I really don’t see how we every recover from this disastrous chomo and his tens of millions of illegals.
No. Period.
“I really don’t see how we every recover from this disastrous chomo and his tens of millions of illegals.”
That’s the point. NO recovery from US population population REPLACEMENT !!
-fJRoberts-
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