In FOIA Litigation, DOJ Calls Immigration Judges "Low-Level Employees"

Josh Gerstein, Politico, Feb. 18, 2016 - "A federal appeals court is wrestling with the question of whether the government should be forced to make public the names of immigration judges accused of misconduct either on or off the job.  A three-judge panel of the D.C. Circuit heard arguments for nearly an hour Tuesday over a Freedom of Information Act request the American Immigration Lawyers Association filed for all records related to the discipline process for immigration judges.  The Justice Department released portions of those files, but redacted the names of the judges and replaced them with codes.  Justice Department lawyer Javier Guzman argued that the judges are low-level employees, similar to FBI agents, Drug Enforcement Agency agents or so-called "line" Assistant U.S. Attorneys. A lower court judge accepted that comparison.  However, a lawyer for the immigration lawyers' group said the immigration judges exercise more independent authority than any of those personnel and that the law delegates that authority directly to the judges."

The case is AILA v. EOIR, No. 15-5201 at the U.S. Court of Appeals for the District of Columbia.  For audio of the oral argument, click here.

For the original 2013 complaint, press release and more, click here.