Immigration Law

Recent Posts

EOIR Dumps Case Quotas for IJs
Posted on 20 Oct 2021 by Daniel M. Kowalski

Priscilla Alvarez, CNN, Oct. 20, 2021 "The Justice Department is ending the use of case quotas for immigration judges that became a point of contention during the Trump administration for undercutting judges' authority and discretion, according... Read More

The Immigration Court: Issues and Solutions - Jeffrey S. Chase
Posted on 29 Mar 2019 by Daniel M. Kowalski

Editor's Note: This is the most important - and damning - exposé of the Immigration Courts to date. Please read every word. Jeffrey S. Chase, Mar. 28, 2019 " The following is the transcript of my lecture on March 28, 2019 at Cornell... Read More

Mission Creep: EOIR Sets Quotas for OCAHO
Posted on 27 Dec 2018 by Daniel M. Kowalski

EOIR, Dec. 21, 2018 "1. Ninety percent (90%) of worksite enforcement/employer sanctions cases under INA §274A should be completed within 430 days of filing. 2. Ninety percent (90%) of immigration-refated unfair employment practice cases under... Read More

A 'New and Dark Era' for Immigration Judges: Quotas and a 'Performance Dashboard'
Posted on 3 Oct 2018 by Daniel M. Kowalski

October 3, 2018 - If you are not yet a daily reader of Ret. Hon. Paul W. Schmidt 's blog, " Immigration Courtside ," get on board! Today's blockbuster post includes a memo from The Honorable A. Ashley Tabaddor, President, National Association... Read More

Statement of Former Immigration Judges and BIA Members Opposing IJ Quotas (Oct. 1, 2018)
Posted on 1 Oct 2018 by Daniel M. Kowalski

Oct. 1, 2018 - "As former Immigration Judges and BIA Members, we join our former colleagues in the NAIJ in decrying the imposition of much-criticized performance quotas on sitting Immigration Judges. Experience has demonstrated that it is futile... Read More

Immigration Judges Say New Quotas Undermine Independence
Posted on 25 Sep 2018 by Daniel M. Kowalski

Associated Press, Sept. 21, 2018 - "The nation's immigration court judges are anxious and stressed by a quota system implemented by Attorney General Jeff Sessions that pushes them to close 700 cases per year as a way to get rid of an immense... Read More

Immigration Law Profs, Scholars Oppose Quotas ("Performance Metrics") for Immigration Judges: Letter
Posted on 15 Aug 2018 by Daniel M. Kowalski

Letter to Atty. Gen. Sessions, Aug. 14, 2018 - "We are scholars and teachers of immigration law and of administrative law. We write to express our alarm about the Department of Justice’s new performance metrics for immigration judges. We believe... Read More

In Letter to Sessions, Immigration Judges Push Back Against Quotas
Posted on 31 Jul 2018 by Daniel M. Kowalski

NAIJ letter, May 2, 2018 re Misunderstandings about Immigration Judge "Quotas" in Testimony Before House Appropriations Committee "... [W]e are concerned based on your testimony before the House Appropriations Committee last week, in... Read More

Immigration Judge Quotas a 'Death Knell' for Due Process, Judicial Independence - NAIJ
Posted on 20 Oct 2017 by Daniel M. Kowalski

NAIJ HAS GRAVE CONCERNS REGARDING IMPLEMENTATION OF QUOTAS ON IMMIGRATION JUDGE PERFORMANCE REVIEWS, October 18, 2017 Threat to Due Process and Judicial Independence Caused by Performance Quotas on Immigration Judges, October 1, 2017 Read More

Tom Gjelten on Truman, LBJ, Trump, Visa Quotas and Family-Based Migration
Posted on 15 Jan 2018 by Daniel M. Kowalski

Tom Gjelten, NPR, Jan. 13, 2018 - "This [quota] system violated the basic principle of American democracy, the principle that values and rewards each man on the basis of his merit as a man," Johnson declared as he signed the Immigration and... Read More

Former IJ: Sessions Wants to Bribe Immigration Judge to Do His Bidding
Posted on 6 Apr 2018 by Daniel M. Kowalski

Bruce J. Einhorn, Apr. 5, 2018 Bruce J. Einhorn, an adjunct professor of immigration, asylum and refugee law at Pepperdine University, served as a U.S. immigration judge from 1990 to 2007. "It’s a principle that has been a hallmark of... Read More

Assembly Line Injustice: How the Implementation of Immigration Case Completion Quotas will Eviscerate Due Process - Sophia Genovese
Posted on 9 May 2018 by Daniel M. Kowalski

Sophia Genovese, May 7, 2018 - "The Executive Office for Immigration Review, under the direction of the Department of Justice, announced last year that it had reopened the Collective Bargaining Agreement with the National Association of Immigration... Read More

NAIJ and Hon. Paul W. Schmidt Respond to 'QuotaGate'
Posted on 4 Apr 2018 by Daniel M. Kowalski

This just in from the Apr. 4, 2018 issue of former BIA Chairman Paul W. Schmidt's blog, www.immigrationcourtside.com - "I have permission Judge Tabaddor to release the text of the following e-mail, dated April 2, 2018, that I received from... Read More

Expert: Immigration Judge Quotas May Violate Due Process
Posted on 11 Apr 2018 by Daniel M. Kowalski

Dianne Solis, Dallas Morning News, Apr. 10, 2018 - "A case takes nearly 900 days to make its way through the backlogged immigration courts of Texas. The national average is about 700 days in a system sagging with nearly 700,000 cases. A new edict... Read More

Judiciary Dems Blast Sessions for 'Systematically Deconstructing' Due Process for Immigrants
Posted on 19 Apr 2018 by Daniel M. Kowalski

"We write to express our profound objection to actions taken by the Department of Justice to undermine central elements of due process and fairness in our immigration system. By imposing numeric quotas upon immigration judges and now attempting to... Read More