May 16, 2018

Re: Fiscal Year 2019 (FY19) Commerce, Justice, and Science (CJS) appropriation bill

Dear Representative,

            On behalf of the 24 national unions in the Department for Professional Employees, AFL-CIO (DPE), I write to you regarding the House Appropriations Committee’s May 17th mark-up of the Fiscal Year 2019 (FY19) Commerce, Justice, and Science (CJS) appropriation bill. DPE urges you to support an amendment we understand Representative José E. Serrano will offer that protects the judicial independence of Immigration Judges (IJs) and the due process rights of people who appear before them. 

            Rep. Serrano’s amendment prevents the Department of Justice (DOJ) from carrying out its planned use of production quotas and case completion deadlines in the performance evaluations of IJs. DPE believes that using production quotas and case completion deadlines will threaten the professional integrity of the IJs and the political independence of the immigration courts, without actually producing the desired efficiency.

            Production quotas and case completion deadlines do not offer a fair, accurate assessment of an IJ’s performance. Rather these standards simply measure the speed at which IJs move cases through the docket. Prioritizing speed in the immigration courts can and will come at the expense of individuals’ due process rights and the immigration courts’ own independence.

            By disallowing DOJ from imposing production quotas and case completion deadlines, Rep. Serrano’s amendment helps ensure IJs can conduct impartial hearings. Fair hearings, in turn, reduce the number of appeals instigated by individuals who assert their rights were sacrificed for expediency’s sake. Since appeals take time and cost taxpayer money, Rep. Serrano’s amendment contributes to a more efficient immigration courts system.

            If you have any questions, please contact DPE Legislative and Outreach Director, Michael Wasser at (202) 638-0320, x.119           

                                                                        Sincerely,

                                                                        Paul E. Almeida, President