The Trump Justice Department is trying to address a massive case backlog stemming from the Biden administration's border policies, which grew from 1.5 million pending cases at the end of fiscal year 2020 to nearly 3.9 million by the end of fiscal year 2024.
"Overwhelming the courts was actually part of the Biden administration's plan," notes Ira Mehlman, media director for the Federation for American Immigration Reform (FAIR).
"The idea was you get so many people in here that the court system essentially becomes tied in knots and cannot administer justice in these cases. Time works in favor of the people who are trying to game the system," he explains. "The longer you stay here, the better your chances are of being allowed to remain permanently."
Now the DOJ wants to implement an interim final rule, "Appellate Procedures for the Board of Immigration Appeals," that would streamline administrative appellate review by the Board of Immigration Appeals of immigration judge decisions.
The rule would make review of such decisions on case merits discretionary, establish briefing timelines for cases that are reviewed, and streamline other aspects of the appellate process. It would also make summary dismissal of appeals the default in many cases, giving the board greater discretion and allowing it to prioritize cases with merit while helping reduce the backlog.
Additionally, the DOJ is making various technical and non-substantive changes to its regulations.
Judicial activism has been another hurdle faced by the Trump DOJ.
With the admonishment of District Court Judge James Boasberg earlier this week, a three-judge panel of the Washington, D.C. Circuit Court of Appeals took a step in the right direction against judicial activism for illegal immigrants.
The new rule is another key step in getting the administration's deportation efforts back on track.
It is an important corrective, and FAIR urges additional reforms to further restore integrity to U.S. immigration courts and ensure that removal orders are swiftly enforced.
"It kind of puts an end to these frivolous appeals," Mehlman said.
