It is no secret to anyone that President Donald Trump is moving ahead with his restrictive immigration agenda for immigrants from different fronts. However, one of the most troubling is that I believe in the Board of Immigration Appeals (BIA), which are one of the last resources for immigrants to achieve some protection within the United States.
Several immigrant rights organizations and even lawyer organizations have analyzed some documents obtained through the Freedom of Information Act (FOIA) and have concluded that the Trump Administration is placing judges with high rates of denial of asylum and people with legal records applying immigration regulations, which is influencing the politicization of the BIA.
These investigations have found that there is an acceleration in the hiring process and expands the powers of James McHenry, the director of the Executive Office for Immigration Review (EOIR) of the Department of Justice (DOJ), and the attorney general, William Barr.
Suzanne Monyak, who works for the legal portal Law360 as reporter covering immigration & federal courts, points out in her report that, unlike the federal and appeals courts, the BIA is an administrative board that reports to DOJ, specifically EOIR.
This scenario where politics is prevailing over equity, means that the possibility of making key decisions on immigration protections and deportation is left open, people who clearly could be biased towards an objective.
In this sense, Muzaffar Chishti, Director, MPI’s office at NYU School of Law, warns that: “It is the most important agency that establishes immigration jurisprudence in the country, and when that is politicized, immigration jurisprudence is obviously being politicized.»
On the other hand, EOIR spokespersons consulted about their changes, said they were «common sense», in addition to ruling out that it is being politicized. However, Suzanne Monyak‘s report on @Law360 adds that since August 2019, the Trump Administration has installed nine of the BIA‘s current 19 permanent members. But, the truth is that the report clearly points out that: «… the majority … have asylum denial rates of over 80% and a record in law enforcement or the military.»
Proof of this is that, according to data compiled by the Transactional Records Access Clearinghouse (TRAC), the average rate of denial of asylum among these eight judges was just over 92%. For this reason, Chishti warned that the Trump Administration allows the office to implement ideological changes in the policies and procedures of the court. And the report was exhaustive, stating that: «Defenders have pointed to recent BIA decisions that appear to be in line with the stated objectives of the Trump Administration to restrict immigration.»
In any case, there is no doubt that the BIA‘s political reorientation adds to the criticism against the DOJ of pressure on immigration judges to speed up cases in the courts.
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