Immigration Law

A.G. Barr Seeks to Push BIA Final Rule over Finish Line

Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019

"Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants will stay in the U.S. or be deported.

The Justice Department is on the verge of issuing rule changes that would make it easier for a handful of appellate immigration judges to declare their rulings binding on the entire immigration system, The Chronicle has learned. The changes could also expand the use of single-judge, cursory decisions at the appellate level — all at the same time as a hiring spree that could reshape the court.

... The proposed regulation has been sent to the White House for review before being made final, according to a government database. The Justice Department declined to comment other than to confirm that it hopes to finalize the rule this year. 

The administration’s moves are raising concerns among groups representing immigration judges, attorneys and advocates, following a series of earlier moves that Sessions undertook to overhaul the courts.

“All of these pieces add up to taking away due process and speeding people through to their deportation in some sort of assembly line substitute for justice,” said Jeffrey Chase, a former immigration judge and former senior legal adviser to the immigration appeals court."