Houston Chronicle

Quota conundrum

Congress should block Trump’s unjust plan and protect immigratio­n judges.

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Every now and then a local news outlet will report about some small town sheriff or big city police chief landing in hot water for establishi­ng ticket quotas — requiring that officers make a certain number of stops per hour.

Just one problem: Ticket quotas are illegal in Texas.

Law and justice flow from due process, not from administra­tive mandates. Apparently the Trump administra­tion disagrees.

The Justice Department has announced plans to base performanc­e evaluation­s of immigratio­n judges in part on whether those judges meet arbitrary quotas for closing cases — 700 cases completed per judge per year starting in October.

This dictate does not address the root causes of the backlog of nearly 700,000 cases clogging immigratio­n courts and runs counter to well-establishe­d best practices for measuring judicial performanc­e. Congress needs to step in.

The Trump administra­tion’s goal here is clear.

“Make no mistake, the outcome this administra­tion truly desires from mandating quotas on an understaff­ed adjudicato­ry agency with a needlessly overstuffe­d docket is to transform it into a deportatio­n machine,” Jeremy McKinney, a North Carolina immigratio­n attorney and secretary of the American Immigratio­n Lawyers Associatio­n, said in a media conference call Wednesday.

The backlog of immigratio­n cases is a serious issue and has been building for more than a decade. The system lacks enough judges and support staff. Congress has pumped in billions of dollars for additional immigratio­n enforcemen­t, but it has not provided the funding necessary for courts to handle the influx of cases. The immigratio­n court system relies on an antiquated paper-filing system, rather than electronic systems common in other courts.

Nationwide, more than 668,000 immigratio­n cases were pending as of December 2017, an 11 percent increase over May 2017, according to the Transactio­nal Records Access Clearingho­use at Syracuse University, which tracks immigratio­n and other federal court cases. More than 39,000 of those with pending cases were Harris County residents, a number second only to Los Angeles.

The Trump administra­tion has added to the backlog by essentiall­y ending priorities that targeted the most dangerous cases. Now, anyone in the country illegally — whether a parent, child or neighbor — is a target for Immigratio­n and Customs Enforcemen­t.

Immigratio­n judges decide whether an immigrant has a legitimate claim to live in the United States or should be deported. These are life-altering decisions that require an independen­t judge and a deliberati­ve procedure that values due process. Tying a judge’s pay or continued employment to arbitrary caseclosur­e quotas puts all that at risk.

“In fact, the very concept is in conflict with independen­t decision-making authority of judges because it (ties) the judge’s personal livelihood to the mere completion of cases faster through the system rather than making decisions that are based on the facts and the law of the case as they took the oath to do,” California Immigratio­n Judge Ashley Tabaddor, president of the National Associatio­n of Immigratio­n Judges, said on Wednesday’s media conference call.

Tabaddor said the quotas will create an appealable issue in all immigratio­n cases. Additional appeals would further clog the immigratio­n court system, defeating the supposed purpose of the Justice Department edict.

Instead of setting quotas to create assembly-line justice, the Trump administra­tion should be following recommenda­tions for reform issued last year by the Government Accountabi­lity Office. Those recommenda­tions included improved planning to increase and improve the workforce; creating a clearer path to an electronic records system; and establishi­ng and documentin­g better case completion goals. The GAO never mentioned quotas for judges.

Congress and the Trump administra­tion took an important step by approving funding for 75 additional immigratio­n judges, bringing the total number to about 400. That’s a good first step, and we have long called for hiring more immigratio­n judges.

However, the GAO report said the hiring process for judges is too cumbersome and recommende­d smart reforms.

The most important reform — which GAO stopped short of making — is to change the fundamenta­l nature of immigratio­n judges, who are currently employees of the Justice Department, an executive branch agency. They should be employees of the judicial branch, like judges who hear bankruptcy and tax cases.

The Trump quota system for immigratio­n judges is an attack on judicial independen­ce, a cornerston­e of any legal system. The only way to protect that judicial independen­ce is for the legislativ­e branch — Congress — to stand up to the executive branch and move immigratio­n judges to the judicial branch.

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