TWO YEARS LATER, HOW FAR HAVE WE COME: A REVIEW OF THE 2006 MEASURES OF IMPROVEMENT TO THE IMMIGRATION COURTS AND BOARD OF IMMIGRATION APPEALS

Christina M. Workman, Barry University School of Law

Abstract

I have attaches for your review a copy of “How Far Have We Come: A Review of the 2006 Measures of Improvement to the Immigration Courts and Board of Immigration Appeals”. In this article I first explore the causes of large disparities in asylum denial rates both between and within Immigration Courts across the United States. In one Court alone, one judge grants asylum 9% of the time, while another judge on that same Court grants asylum 91% percent of the time. Critics of the Immigration Courts, including Federal Appellate Courts, have citied reasons including but not limited to poor temperament of immigration judges, lack of training for immigration judges and BIA Members, and personal experiences of immigration judges.

Second, I explore Attorney General, Alberto Gonzalez’s 2006 Measures of Improvement to the Immigration Courts and Board of Immigration Appeals. I explore the goals and substance of each Measure of Improvement then follow the Executive Office of Immigration Review’s Implementation of each Measure.

Lastly, I propose a three-part reform to accomplish the directives set out in Attorney General Gonzalez’s 22 Measures of Improvement to the Immigration Courts and Board of Immigration Appeals. First, all 22 Measures need to be implemented in full. There are several Measures that have been partially implemented and some have failed to be implanted at all. Second, I propose a comprehensive review of each Measure be conducted by the Attorney General. Those Measures that have been ineffective need to be restructured or abolished to increase efficiency. Finally, there needs to be more transparency within the Executive Office of Immigration Review (EOIR). There is evidence that EOIR has not only actively prevented information from being released to the public, but also attempted to misrepresent the manner of implementation regarding certain areas of immigration policy.