Another in the long list of reasons why Immigration Judges need to be moved out of the Executive Branch and into the Judiciary

[Safiel]

DOJ issues 'gag order' on immigration judges

Biden administration says the union representing the judges can no longer speak publicly without agency sign off.

www.govexec.com

Gag order.

This is just the latest incident.

My proposal would move all 700+ existing Immigration Judgeships out of the Executive Branch and would place them administratively under the supervision of the Article III Judiciary, though they would remain Article I Courts. There are currently 69 Courts in locations around the country. I would organize the courts in the form of, for example, United States Immigration Court for the District of Florida, which would include all existing immigration courts in Florida as branches.

Merit selection committees would vet and appoint Judges to the Immigration Courts, who would be eligible to serve until age 75 and would be subject to review and reappointment every 10 years by a separate evaluation committee, but removal could only result if the Judge showed a significant rate of error or reversal greatly exceeding that of his peers or if misconduct occurs. An incident of misconduct would trigger an immediate evaluation review.

The Board of Immigration Appeals would become the United States Court of Immigration Appeals, which would be appointed by the President, by and with the advice and consent of the Senate, and who would serve 15 year terms, subject to removal only for cause, with mandatory retirement at age 75. For administrative purposes, this court would be in the Judiciary, but would be an Article I Court.

This would render Immigration Judges independent and give immigrants actual due process of law, rather than the kangaroo court farce that now exists.