GOP accuses Attorney General Merrick Garland of stonewalling as courts wrestle with migrant surge

Two high Republicans on the House Judiciary Committee demanded solutions from Attorney General Merrick Garland on Friday over how his division has been operating the immigration courts, the place an enormous backlog of instances has fueled the Biden administration’s “catch-and-release” strategy for processing of migrants on the nation’s southern border.

Judiciary Chairman Jim Jordan and Rep. Tom McClintock, the California Republican who chairs the panel’s immigration subcommittee, have been pursuing the info since January and say 13 separate inquiries have gone largely unanswered by the administration, even because the backlog will get worse.

They say the info they’re requesting would make clear the bottleneck and why the administration is having such a difficult time fixing it.

“Since January, the committee has asked the department for basic data and information related to the nation’s immigration courts and the Biden administration’s refusal to pursue immigration cases,” mentioned Russell Dye, a spokesman for the committee. “After the committee attempted more than a dozen times to receive this data and information, the department continues to stonewall, likely trying to hide how the administration’s failed policies have been a disaster for the nation’s immigration courts.”

The immigration courts are the place unlawful immigrants go to argue towards deportation, typically by making claims for asylum within the U.S. Migrants are arrested and issued a summons to look later earlier than the Executive Office of Immigration Review to look into their case.

The EOIR is a part of the Justice Department and is staffed by division staff referred to as immigration judges.

But critics say the workplace has additionally change into the black field of the present immigration disaster.

The EOIR’s backlog reached 1.979 million instances as of March, up from 1.277 million on the finish of 2020, or simply earlier than President Biden took workplace. That enhance occurred at the same time as judges have been ordered to dismiss document numbers of instances to get them off the docket.

The huge progress is a results of the migrant surge from Mexico, the place unprecedented numbers of individuals have jumped the border and been caught and launched with a view to struggle their deportations in court docket.

Mr. Jordan, Ohio Republican, says he’s been unable to get “basic data” concerning the company’s operations, together with how judges are ruling in additional than half of the instances they shut.

The EOIR, within the knowledge it does launch, says that whereas 16% of instances accomplished this 12 months resulted in approvals, 18% have been denials and 9% got what’s referred to as “administrative closure,” practically 57% have been merely labeled “other.” Mr. Jordan mentioned Congress have to be given a full breakdown of what’s taking place in these instances.

The GOP chairman can also be making an attempt to get knowledge on how shortly judges are ruling on instances, what number of immigration courtrooms have sat “dark,” and the way teleworking has operated.

The committee additionally requested Mr. Garland to make Michael Tennyson, the EOIR’s statistics chief, accessible for a transcribed interview.

The Washington Times has reached out to the Justice Department for touch upon this story.

Department officers have acknowledged the EOIR’s struggles and mentioned their major focus is decreasing the backlog.

Mr. Biden, in his fiscal 2024 funds request, proposed a 69% enhance in funding for the company, which might convey its complete funds to almost $1.5 billion. While a lot of the cash would go to extra judges and employees, a few of it might go to pay for legal professionals to symbolize unlawful immigrants.

The EOIR additionally requested Congress to maneuver the company from annual to three-year budgeting, saying it wants strategic planning to assault the backlog “in a meaningful way.”

Even because it pleads for brand spanking new funding, the EOIR has been on a purge, ousting judges and senior leaders recruited within the Trump administration.

One of these let go was Matt O’Brien, a former immigration choose who’s now with the Immigration Reform Law Institute, which advocates for stricter immigration enforcement.

Mr. O’Brien mentioned the Biden administration seems to be operating up the backlog on goal, permitting unauthorized migrants to stay within the U.S. till they’ll both discover a path to everlasting standing or till Congress delivers on a broad amnesty.

He mentioned Mr. Jordan’s requests might make clear makes an attempt to slow-walk instances.

Mr. Jordan and Mr. McClintock, California Republican, mentioned the committee made inquiries to the administration in January, 4 instances in February, thrice in June, thrice in July and twice final month.