Congress must break immigration courts free from DOJ 'bureaucracy' to survive: Judge

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Congress must break immigration courts free from DOJ 'bureaucracy' to survive: Judge
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Anna Giaritelli joined the Washington Examiner in 2015 and focuses on homeland security, immigration, and border issues. Anna has traveled to the border on more than 40 occasions since 2018 and has covered human smuggling, the evolution of the war on drugs, domestic terrorism, and migration trends. She is currently based in Austin, Texas.

The immigration court system has crumbled in recent years and stands no chance of addressing the influx of border cases unless Congress breaks it free of government"bureaucracy," according to a spokesperson for the 700 judges nationwide.

"Control over the courts has resulted in extreme pendulum swings across subsequent administrations," Tsankov said."Our judges must navigate their judicial responsibilities on the one hand, and heavy political scrutiny on the other." Tsankov has been an immigration judge during the Biden, Trump, Obama, and Bush administrations, where she has seen each attorney general shift how judges should proceed in cases. It was not a huge issue until the past decade, as the number of new cases due to illegal immigration at the southern border began to increase.

In an effort to get to more cases while immigrants were in custody at the border rather than years down the road after being released, the Biden administration has asked judges to serve for a period on the border. "Each new administration has different docketing priorities. And that shuffling of the docket results in Judges being at one in one administration sent to the border and their whole home court dockets languished for extended periods of time," she said."It's the docket shuffling and the issue with the changing case law that I think is the most problematic for our court."

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