Good morning. Im the executive director of the center for Immigration Studies. A think tank in washington that examines and critiques the impact of immigration on the United States. The issue of Immigration Courts and the backlogs and Immigration Courts has broken somewhat into the general news. It seems like the thing that would be inside baseball for immigration experts but the backlog in Immigration Courts has grown dramatically. That has gotten the attention of mainstream media. There is a variety of issues here. What is causing this backlog . What kind of solutions there are. We have called this panel initially to discuss a paper that the center for Immigration Studies published on this issue. The causes for the backlog. The first presenter on the panel today is going to be the author of that paper. A former immigration judge now resident fellow in law and policy at the center for Immigration Studies. He has worked as a senior staff member and a couple of congressional committees, so here us seen the immigration issue from almost all sides. After mr. Arthur is finished we will have comments on his paper, outside for those who dont have it, and more general thoughts about the issue of the Immigration Courts. We have two people who are experts in this issue. First will be larry berman. As that suggests, he is an immigration judge and has been for 20 years. Our other commentor is going to be from the heritage foundation. He used to be in the Justice Departments civil rights division. He has worked on election law and a variety of legal issues and has the paper upcoming on the issue of Immigration Courts. Im looking forward to hearing from everybodys comments. We will have a q a after that. So art, if you want to start. Art thank you. Before i begin, i want to make one comment. Last week, juan passed. He was a good public servant. He died unexpectedly at a rather young age. I did want to note his passing before i began. On june 1 the Government AccountabilityOffice Issued its longawaited report on the management. That revealed a significant decline in the ability of the Immigration Courts, the complete cases over the last two years. Ten years. The Immigration Court backlog, cases pending from previous years more than doubled between fy 2006 and fy 2015. The backlog rose from 212,000 cases when the median time was 198 days. To 437,000 pending cases at the start of fy 2015, when the median processing time was 401 days. To about 190 9000 and fy 2019 he even as the number increased over the whole time i 17 . Fewer cases decided. The other is called completed cases. Not actually cases completed on merit. Those were administratively closed. No decision was reached. Originallyns were 95 of the total in fy 2006. By 2015. Wn to they were pushed off to the side. If the number of judges increased and the number of cases decreased, why is the backlog growing . To the gl according is that it is taking longer for the judges to rendered decisions. The time between filing and making a Decision Group more than fivefold with a median initial completion time for cases increasing from 43 days in in fy6 up to 86 days 2015. This begs the question, why is totaking so much longer complete cases . According to gao, this is partially the result of a 23 increase in continuances. So you ask for an attorney, ask for continuance, your case gets continued. You ask for time to file an application, these are asked for continuance. There is also been an increase in the number of cases with multiple continuances. Significantly, the number of cases with four more 9 tinuances increased from in fy 2006 up to 20 . There are several reasons why the Immigration Courts are in this position. Several reasons why the court should begin to get a handle on and decrease the backlog in the next few years. The first is resources. There are too few people like larry for the number of cases. 334 Immigration Judges handling more than 610,000 cases or about 1800 cases or judge. When a judge as a docket that large, cases must he set out for an extended time in it becomes more efficient to grant a weaker motion to continue than it is to focus attention on cases that are ripe for decision. The good news is the attorney general has promised and recognized and has promised to the 105 new judges within next two years and in fact i turn a general Jeff Sessions has began to attorney general swearessions has again to in judges. Another is a surge of unaccompanied alien minors and members of family units that began in fy 2014. In the course of just one year fy 2014, the13 and number of miners increase by 126 and the number of aliens in family units increased by 160 . While the reasons have been advanced, the most significant was wordofmouth. Back to the home country saying, i came to the United States, they let me in, they released me. His of it was lies told by smugglers who said, if you come to the United States you are going to get a permission to remain. Smugglers want to make money. There is no way to do it than by promising potential clientele. These new cases stay in the dockets for two reasons. First, fewer decided to prioritize those new cases. They pulled judges off pending cases and put them on cases involving children and family members. Said there was a bunch of cases ripe for decisions that had to be pulled back. Cases involving children and family members are generally more complex. It has been my experience that most single adult males who come to work if they are caught and detained, they just come home. They take a voluntary departure. But when youre talking about a minor, they will ask to have a hearing. Depending on age, they have to grant multiple continuances in order to find a lawyer, so more the claims are complex. More complex than a silent claims, made by more complex than siloed claims made by adults. And aliens who arrive in illegally lead to multiple continuances as aliens requested a time to explore such relief and apply. That slows up the time. Aese are not the only to have backlog. Again your 2011, ice put in place prosecutorial discretion guidelines to prioritize certain cases for removal. Then they did something interesting, they told attorneys to go through other pending cases to find cases that were priorities said they could, you know, make sure cases that were not parties were not on the docket. That took attorney time that could haves been spent reviewing cases. This slowed the process even more. This effort reached its apex in 2014 when a memo from Homeland Security, secretary j johnson, policies for the removal of undocking hated immigrants. This limited cases that were supposed to be prioritized. Directing case loads, attorneys to join in on motions. Again, the attorneys had to review their files. They would file motions to administratively close in order to bring the case or word and have it decided. It was a mess. It clearicies made that the administration did not consider the removal of any except for the most serious criminal cases to be appropriate, placing those who were sworn to uphold the law in the vine. It also gave some aliens incentive to fight their cases. More as thoseven nonmeritorious cases continued. People who normally wouldve removal asked of for continuances hoping their case would be one of the ones that would be taken off the docket because it was not a priority. The new administration took a different tact. They made it clear they intend continue against all those who are removable and to expand attention. This offers more clarity and removes incentives for removable incentives that do not have relief to fight their cases. An fact, we have seen the number. 8 rders increased i27 between february 1, 2017 and 2017 compared to the same time in 2016. More people are being picked up who do not have relief and are being ordered removed by the courts. Two other factors increased accolade. Activist federal court judges further complicated the already igs mustssess that go through. A series of decisions and increase the number of aliens eligible for relief. Inhibit theons ability of ijs. Expected attorney general Jeff Sessions to more vigorously litigated before the federal courts than the last two and assessors did. Resulting in more decisions and guidance for the ijs to bring down the backlog. Finally, ijs need better guidelines. Some seek multiple continuances. Some attorneys seek multiple continuances for filing applications. There is little downtime for an immigration judge to grants continuances, because such orders can really be appealed. They are interlocked. However, there is tremendous reputational damage that can occur when a motion to continue his denied. In such a case, it is possible that the board of immigration appeals can find that the ij denied due process to any land evennying a continuance, in a case where multiple continuances have already been granted. On july 31, the good news is, and operating policies and putedures memorandum was out. I fully expect that attorney general Jeff Sessions will follow up on this and uses Certification Authority to issue a decision that will help to when judgeser should hand should not grant continuances. In summary, the Immigration Court backlog is too large. In the short run, i expected to increase as the Trump Administration seeks the removal of aliens who have little to fear from ice under the Prior Administration. In the long run however, i reduce thes will backlog to more manageable levels. Thank you. Thank you. First, a disclaimer. Which is important so i do not get fired. I am speaking for the National Association of Immigration Judges, of which i am an elected officer. My opinions expressed will be my own opinions and formed by many discussions with our members in all parts of the country. Behalf ofpeaking on the department of justice, that of his of immigration review, the chief judge, or anybody else in the government. That is important. What is the and i aj . The National Association of Immigration Judges. Were nonpartisan his focuses on is, transparent to the public, and judicial independence. We are opposed to interference [indiscernible] a just as much trouble with republican as democratic organizations. My opinion is the people of the top dont understand what we do and consequently the decisions they make are not helpful. The well, let me backtrack and talk about our organization. Immigration judges are the basic trial judges that here cases. Above us is the board of immigration appeals, who function as which they were an appellate court. Since 1966, we have been clearly designated as judges by congress. We are in the statute. We have prescribed jurisdictional powers. Congress even gave us power to enforce our decisions. Unfortunately, no administration has seen fit to give us this it is in the statute. The board of immigration appeals is not in the statute. It has no legal existence, really. Emanationntially can of the attorney generals limitless discretion over Immigration Law. The members of the board of immigration appeals are in some cases they have some expense. Generally, not very much. Of those a combination people who are well respected in other parts of the department of justice and deserve a wellpaid position. Often, they are staff attorneys who have basically moved up to become board members, skipping the immigration process. Very few have ever been made. Board members have been made because they are Immigration Judges. If they were, it was largely a coincidence. The administration of the executive office of emigration housed, is are basically an Administrative Agency. , but we do not have a cord. We operate in an Administrative Agency that is a lot closer to the department of Motor Vehicles than it is to eight District Court or even a bankruptcy court. An article one type court. Our supervisors come im not sure why judges need to provisos but they are called assistant chief Immigration Judges. Some of them have some experience. Some of them have no experience as judges or attorneys. They were staff attorneys working in the bowels of new york and gradually became temporary board members. Interestingly, when a court of appeals is short a judge, they bring up a district judge. New york used to do that by bringing up an immigration judge but i do not do that anymore. Appoint their staff attorneys as temporary board members. A fact that is very shocking when you tell it to federal judges. They cannot imagine a panel would be one member short and they would put their law farm on the panel. But that is what goes on. Untilp three judges, recently, the top judge of primary deputies had no courtroom experience that i am aware. The two of them have gone on, unfortunately when of them has gone on to be an sba member and the other has retired. Our direct supervisors or the assistant chief Immigration Judges. Some are at headquarters and littlenerally have very experience, others are in the field and they have some experience. Although for example the last two assistant Immigration Judges in 2016. Became judges so, they do not have vast experience. Although they may be hiring people with other forms of experience. This agency is not run by experienced judges and i think it is important to understand that. There is a severe misallocation of resources. Congress probably has given us plenty of money, but we miss use it. Administration, the number of Senior Executives has doubled. Maybe they needed some more administration depth but i doubt it. The assistant chief Immigration Judges are proliferating. I think there are 22 of them now. These are people who may be in generally do they not really move the ball when it comes to adjudicate in cases. Somehow the federal courts are able to function without all of these intermediary and supervisory judges and they think we would function better without them as well. To give you a few examples, i could give you thousands of examples of you want to stick around, but art was talking about the juvenile surge. I think it was approximately 30,000 juveniles can across the border. To appear to be tough, i guess, they were prioritized. The official line is, were going to give them their asylum hearings immediately. I do not link i do not know what kind of asylum hearing a sixyearold would have but we would do it quickly and discourage people from coming to our country. And in fact, what actually happened is the juvenile docket is essentially a meet and greet. The judges are not first of all, i am not allowed to be a juvenile judge. Youve now judges are carefully selected for people who get along well with children, i guess. Really what they do is they just see the kids periodically. Meantime, children are following their asylum cases with the Asylum Office or their in special juvenile status. Various things. Wasteddge time is being on that. Another example is the current surge. Docket. Really busy were talking about cases being scheduled in 2021. The backlog for me is infinite. I cannot give you a mirror tearing on the docket unless i take another case of my docket. My docket is filled through 2020 and i was assisted to and i not put any more on. So they are just piling up in the ether somewhere. As busy as i am, they sent me to the border. Of these border details are politically oriented. First of all, we could probably be doing them by tele video but they want to do them by person. You would think they would send the number that were needed by 10 on my last detail of business days, too weak detail, two days i had no cases scheduled at all. Having two cases off the docket which almost never happens, that would be useful because i could work on motions and decisions. But when i am in louisiana, i cannot really work on my regular stuff. So, i am just reading email and hanging out there. The reason for that is because there has been no attempt to fly with the attorney general request that we rush judges to the border, at the same time a sure there is enough work or not to send more judges than really necessary to do the work. I assume the people who run our agency want to make the attorney general happy so they send as many judges to the border as possible. One particularly bizarre example was in san antonio. The judges were doing a detailed to one of the outlying detention as a ladies fight tele video. They wanted to rush judges to the borders said they assigned a bunch of judges that had their own dockets to take over the occupied tele video on one weeks notice. That meant the judges in san antonio could not reset is this. You have to give at least 10 days notice of a hearing by regulation. So we have judges taken away from their regular dockets to do that. Judges who normally wouldve done that who were already on the border, san antonio is cloudy pretty close to the border had nothing else to do. Those are extreme cases, but that happens all too much. It is because of political interference. It has nothing to do with party. Weve had the same problem with democratic and republican administrations. It comes from political decisions in a mating the process and people who do not really understand what they are managing. Just attempting to placate the guy on the top. So, that is basically what has been happening. Am i ever my 10 minutes or . Yes. I you can have a couple more minutes this way. Go over some possible suggestions. Let jud