[House Hearing, 117 Congress] [From the U.S. Government Publishing Office] FOR THE RULE OF LAW, AN INDEPENDENT IMMIGRATION COURT ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP OF THE COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTEENTH CONGRESS SECOND SESSION ---------- THURSDAY, JANUARY 20, 2022 ---------- Serial No. 117-50 ---------- Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via: http://judiciary.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 47-087 PDF WASHINGTON : 2022 ----------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chair MADELEINE DEAN, Pennsylvania, Vice-Chair ZOE LOFGREN, California JIM JORDAN, Ohio, Ranking Member SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio STEVE COHEN, Tennessee LOUIE GOHMERT, Texas HENRY C. ``HANK'' JOHNSON, Jr., DARRELL ISSA, California Georgia KEN BUCK, Colorado THEODORE E. DEUTCH, Florida MATT GAETZ, Florida KAREN BASS, California MIKE JOHNSON, Louisiana HAKEEM S. JEFFRIES, New York ANDY BIGGS, Arizona DAVID N. CICILLINE, Rhode Island TOM McCLINTOCK, California ERIC SWALWELL, California W. GREG STEUBE, Florida TED LIEU, California TOM TIFFANY, Wisconsin JAMIE RASKIN, Maryland THOMAS MASSIE, Kentucky PRAMILA JAYAPAL, Washington CHIP ROY, Texas VAL BUTLER DEMINGS, Florida DAN BISHOP, North Carolina J. LUIS CORREA, California MICHELLE FISCHBACH, Minnesota MARY GAY SCANLON, Pennsylvania VICTORIA SPARTZ, Indiana SYLVIA R. GARCIA, Texas SCOTT FITZGERALD, Wisconsin JOE NEGUSE, Colorado CLIFF BENTZ, Oregon LUCY McBATH, Georgia BURGESS OWENS, Utah GREG STANTON, Arizona VERONICA ESCOBAR, Texas MONDAIRE JONES, New York DEBORAH ROSS, North Carolina CORI BUSH, Missouri AMY RUTKIN, Majority Staff Director & Chief of Staff CHRISTOPHER HIXON, Minority Staff Director ------ SUBCOMMITTEE ON IMMIGRATION AND CITIZENSHIP ZOE LOFGREN, California, Chair JOE NEGUSE, Colorado, Vice-Chair PRAMILA JAYAPAL, Washington TOM McCLINTOCK, California, J. LUIS CORREA, California Ranking Member SYLVIA R. GARCIA, Texas KEN BUCK, Colorado VERONICA ESCOBAR, Texas ANDY BIGGS, Arizona SHEILA JACKSON LEE, Texas TOM TIFFANY, Wisconsin MARY GAY SCANLON, Pennsylvania CHIP ROY, Texas VICTORIA SPARTZ, Indiana BETSY LAWRENCE, Chief Counsel ANDREA LOVING, Minority Counsel C O N T E N T S ---------- Thursday, January 20, 2022 Page OPENING STATEMENTS The Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California....... 2 The Honorable Tom Tiffany, a Member of the Subcommittee on Immigration and Citizenship from the State of Wisconsin........ 3 The Honorable Jerrold Nadler, Chair of the Committee on the Judiciary from the State of New York........................... 11 WITNESSES The Honorable Mimi E. Tsankov, President, National Association of Immigration Judges Oral Testimony................................................. 13 Prepared Testimony............................................. 16 Elizabeth J. Stevens, Of Counsel, Poarch Thompson Law, Representing the Federal Bar Association Oral Testimony................................................. 23 Prepared Testimony............................................. 25 Karen T. Grisez, Pro Bono Counsel, Fried, Frank, Harris, Shriver & Jacobson LLP, Representing the American Bar Association Oral Testimony................................................. 33 Prepared Testimony............................................. 35 The Honorable Andrew R. Arthur, Resident Fellow in Law and Policy, Center for Immigration Studies Oral Testimony................................................. 44 Prepared Testimony............................................. 46 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Articles submitted by the Honorable Tom Tiffany, a Member of the Subcommittee on Immigration and Citizenship from the State of Wisconsin for the record An article entitled, ``Del Rio Sector Encountering Migrants from Around the World,'' U.S. Customs and Border Patrol...... 6 An article entitled, ``Border agents nab murderers, sex offender, gang members in 2 days,'' Fox News................. 8 Reports submitted by the Honorable Pramila Jayapal, a Member of the Subcommittee on Immigration and Citizenship from the State of Washington for the record A report entitled ``Access to Counsel in Immigration Court,'' American Immigration Lawyers Association..................... 114 A report entitled ``Evaluation of the New York Immigrant Family Unity Project: Assessing the Impact of Legal Representation on Family and Community Unity,'' Vera Institute of Justice... 142 An article entitled ``In Philly immigration court, a judge is replaced after delaying man's deportation,'' Philadelphia Inquirer, submitted by the Honorable Mary Gay Scanlon, a Member of the Subcommittee on Immigration and Citizenship from the State of Pennsylvania for the record........................... 220 Items submitted by the Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California for the record Statement from the Advocates for Human Rights.................. 226 Statement from the American Immigration Lawyers Association (AILA)....................................................... 228 Statement from the Asian Pacific Institute on Gender-Based Violence..................................................... 232 Statement from the Bipartisan Policy Center.................... 236 Statement from the Center for Gender & Refugee Studies (CGRS).. 240 Statement from the Coalition for Humane Immigrant Rights (CHIRLA)..................................................... 267 Statement from Human Rights First.............................. 271 Statement from Immigration Hub................................. 274 Statement from Immigrant Legal Defense (ILD)................... 275 Statement from the Innovation Law Lab and the Southern Poverty Law Center (SPLC)............................................ 278 A report entitled ``Bearing Witness: A report of the Cleveland Immigration Court Monitoring Project,'' Jobs With Justice (JWJ)........................................................ 323 Statement from Kids in Need of Defense (KIND).................. 342 Statement from The Leadership Conference on Civil and Human Rights....................................................... 347 Statement from the National Immigrant Justice Center (NIJC).... 350 Statement from the National Immigration Forum.................. 359 Statement from the National Immigration Law Center (NILC)...... 361 Statement from the National Immigration Project of the National Lawyers Guild (NIPNLG)....................................... 365 A report entitled ``Report on the Independence of the Immigration Courts,'' New York City Bar Association's Immigration and Nationality Law Committee.................... 369 Statement from the Niskanen Center............................. 397 Statement from the Ohio Immigrant Alliance..................... 406 Statement from the Round Table of Former Immigration Judges.... 415 Statement from the Tahirih Justice Center...................... 427 APPENDIX Items submitted by the Honorable Zoe Lofgren, Chair of the Subcommittee on Immigration and Citizenship from the State of California for the record An articles entitled, ``We Have Nothing to Fear but `Sovereignty Fear' Itself *,'' Yale Journal on Regulation.... 432 A statement from The Alliance for Justice...................... 433 FOR THE RULE OF LAW, AN INDEPENDENT IMMIGRATION COURT Thursday, January 20, 2022 House of Representatives Subcommittee on Immigration and Citizenship Committee on the Judiciary Washington, DC The Committee met, pursuant to call, at 2:00 p.m., via Zoom, Hon. Zoe Lofgren [Chair of the Subcommittee] presiding. Members present: Representatives Nadler, Lofgren, Jayapal, Correa, Escobar, Jackson Lee, Scanlon, Buck, Biggs, and Tiffany. Staff present: John Doty, Senior Advisor and Deputy Staff Director; David Greengrass, Senior Counsel; Moh Sharma, Director of Member Services and Outreach & Policy Advisor; Cierra Fontenot, Chief Clerk; John Williams, Parliamentarian and Senior Counsel; Daniel Rubin, Communications Director; Merrick Nelson, Digital Director; Betsy Lawrence, Chief Counsel for Immigration; Joshua Breisblatt, Deputy Chief Counsel for Immigration; Anthony Valdez, Professional Staff Member/ Legislative Aide for Immigration; Ami Shah, Counsel for Immigration; Julie Rheinstrom, Counsel for Immigration; Yasser Killawi, Counsel for Immigration; Andrea Loving, Minority Chief Counsel for Immigration; Kyle Smithwick, Minority Counsel; Andrea Woodard, Minority Professional Staff Member; and Kiley Bidelman, Minority Clerk. Ms. Lofgren. The Subcommittee on Immigration and Citizenship will come to order, a quorum being present. Without objection, the Chair is authorized to declare a recess of the Subcommittee at any time. I want to welcome everyone to this afternoon's hearing ``For the Rule of Law, An Independent Immigration Court.'' I would like to remind Members that we have established an email address and distribution list dedicated to circulating exhibits, motions, or other written materials that Members might want to have as part of our hearing today. If Members would like to submit written materials, please send them to the email address that has been previously distributed to your offices, and we will circulate the materials to Members and staff as quickly as we can. I would also like to ask Members to, as well as witnesses, to mute your microphones when you are not speaking. This will help prevent feedback and other technical issues. You can unmute yourself any time when you want to seek recognition. I will now recognize myself for an opening statement. Today's hearing is, in a sense, a continuation of a hearing this Subcommittee held two years ago where we explored the crisis in our nation's immigration courts. Two years ago, we discussed at length the issues that plague the immigration court system. And today, we will focus on some possible solutions. The immigrations courts, I believe, can't be effective as a judicial institution as long as they are housed in the Department of Justice. Decades of bureaucratic and political meddling by the governing Administration have undermined and eroded public trust in the system. We should find new ways to ensure that immigration courts function as other courts do, where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case. Unfortunately, this does not describe the system as we know it today. Immigration judges are saddled with crushing caseloads and, despite their best efforts, struggle to deliver just and timely decisions that are free from political influence. This political influence is born out of the Attorney General's broad authority to reshape immigration policy through rulemaking and a procedural mechanism known as self- certification. Self-certification gives the Attorney General unilateral power to create new precedent or modify long-standing precedent by reconsidering decisions issued by the Board of Immigration Appeals. Although self-certification, this process has been used by every Administration since the Eisenhower Administration, it was invoked an unprecedented 17 times by the Trump Administration. The opinions that resulted dramatically restricted the ability of immigration judges to manage their docket and made it more difficult for immigrants to qualify for relief from removal. Thus far, Attorney General Garland has used the self- certification process essentially to vacate or reconsider the decisions made by the prior Administration. Regardless of one's position on the issues, I hope we can agree that the use of this authority to bend immigration policy to reflect the will of whatever Administration is using it, undermines judicial independence and, I believe, the Rule of law. Like many of its predecessors, the Biden Administration has promised to improve the court system, the immigration court system. However, I have examined these issues for a long time under multiple Administrations, and I think it's clear that the flaws of the system can't be fixed by executive action alone. I believe Congress should Act to pass legislation to create an immigration court system independent of the Executive Branch. Over the past decade, as the problems that afflict the immigration courts have grown, support for the creation of an independent immigration court has also grown. Multiple nonpartisan organizations, including the American Bar Association, the Federal Bar Association, the American Immigration Lawyers Association, and the National Association of Immigration Judges have concluded that an article I immigration court is the best solution. Today we will hear from representatives of several of these organizations, who study this issue extensively, as to why they have reached this conclusion. An independent immigration court is important to the integrity of the system. Judges should have judicial autonomy to conduct fair and impartial hearings. They need the ability to prioritize adjudications and control their case docket. For the Rule of law, we must free them from whiplash that results in ever-changing policies and priorities of the Executive Branch. I look forward to hearing from all of our Witnesses today and thank them for their very thoughtful written testimony. It is my hope that this hearing will serve as a first step towards solving what is really a crisis in our immigration courts. I am committed to working with my friends and with my colleagues across the aisle to accomplish this objective. Now, I understand Mr. McClintock is unable to be with us today. We wish him well. Mr. Tiffany will offer his opening statement as the Ranking Member of the day. Mr. Tiffany, you are now recognized. Mr. Tiffany. Yeah, thank you, Madam Chair. Thank you to the Witnesses for attending today. First, I want to acknowledge why Representative McClintock is not able to be here today. His wife passed away unexpectedly around Christmastime. Ms. Lofgren. Oh, no. Mr. Tiffany. I hope you are keeping him and his family in your thoughts and prayers. It is very unfortunate. We miss Mr. McClintock here in Washington, DC. Ms. Lofgren. May I interrupt and say how sorry I am to hear that news. He and his family will be in all our prayers. I am so glad that you advised us of this. Mr. Tiffany. Yes. Thank you for that very much, Madam Chair. So, I appreciate the Chair holding this Subcommittee hearing today. I must note that the hearing continues the Immigration Subcommittee's steadfast refusal to acknowledge the southern border crisis that President Biden and Vice-President Harris created, allow to persist, and continue to encourage with their anti-enforcement and open borders policies. Remember, it was one year ago today when it was announced to the world by President Biden, we are going to open our southern borders and we are basically going to be a borderless country. It is unfortunate that our United States Government now, as a result of the Biden Administration's actions, has become the largest human trafficking operation in the world. Last year, this Subcommittee held only three hearings for things like amnesty, drastic increases of legal immigration, and other open border-related ideas. All the while the southern border has been lost. U.S. Customs and Border Protection impounded 1.7 million illegal aliens, an all-time high, on the southern border during fiscal year 2021. An estimated 400,000 got-aways successfully evaded Border Patrol and disappeared into the United States. Despite my Democratic colleagues' best efforts to convince people not to believe their lying eyes, criminals and drugs continue to pour across our border to places as far north as my home State of Wisconsin. Every State is now a border state. I seek unanimous consent, Madam Chair, to enter two articles into the record entitled, ``Del Rio Sector Encountering Migrants from Around the World.'' This comes from the Border Patrol themself. ``Border Agents Nab Murderers, Sex Offenders, Gang Members in Two Days,'' an article from Fox News, if I may. Ms. Lofgren. Without objection, those will be made part of the record. [The information follows:] MR. TIFFANY FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. Tiffany. Thank you very much. Border Patrol arrested murderers, a sex offender, and gang members in one part of the southern border in less than two days, the latest haul of criminals caught trying to enter the U.S. and get past overwhelmed agents. Border Patrol continues to encounter aliens from countries all over the world, including those of concern for terrorism along the southern border. During just one week in November 2021, Border Patrol encountered aliens from Syria, Tajikistan, Lebanon, Uzbekistan, Eritrea, among other countries, illegally crossing the border. That's just the Del Rio Sector. In May, I traveled to the Darien Gap in Panama to see firsthand the migration superhighway. There I encountered hundreds of migrants from Senegal, Pakistan, Iran, Iraq, Bangladesh, Syria, Haiti, and Cuba. Every one of these persons I spoke with told me they were coming because of the invitation from President Biden and his immigration policies. None indicated they were fleeing persecution. In fact, many had settled in other countries for 8 to 10 years, and they were established there. They wanted to come to the United States for economic reasons. By the time they get to our border, many have been coached on how to claim credible fear and seek asylum. You know who else was there? IOM, the International Organization for Migration. We give millions of dollars every year to the United Nations, United Nations only so that they can undermine our immigration policies through these refugee settlement businesses. According to the Department of Homeland Security, there were 104,171 Notices to Report issued to aliens between March 21 and August 31 last year. Of those 104,171 issued in that 5- month period, 47,705 did not check in within their required 60- day window. That means almost half of the people that entered illegally during this period are unaccounted for: No vetting, no idea where they are, no efforts to find them. An Article I immigration court will not fix this. The Immigration Court was created by Congress as a component of the Department of Justice. They are housed in DOJ's Executive Office for Immigration Review. IJs are bound to apply the law to the facts of a case and provide due process to the parties before appearing--before appearing before them. The number of immigration judges, currently at 576, has nearly doubled since 2016. No court system is perfect, and the immigration courts have their share of challenges. Caseload and backload affect daily operations, as do actions of the Immigration Judge Corps. The Trump Administration tried to address immigration court concerns, including court technology, court case completion rates, and judicial productivity. For instance, it prioritized completion of proceedings, such as those where the alien is detained, credible peer reviews in cases with a regulatory or statutory deadline. It advanced work to replace the paper case filing and processing system with an online system, which is now fully operational and set to be mandatory next month. The Trump Administration also addressed judicial productivity by implementing GAO and Inspector General recommended performance metrics in case completion goals, and by issuing a precedential decision aimed at reigning in the abuse of case continuances. I have much more I would like to say, but I am going to go with my closing paragraph. Immigration courts, an article I court, is not the topic we should be focused on. This Subcommittee should be focused on securing our border and enforcing our immigration laws. This myth that we have that you will achieve independence of a court by moving it to a place where it's not under an elected officials is just that, a myth. I saw this numerous times when I was a State legislator in Wisconsin where it had happened decades ago and people tried to propose it again where, if we just got them out from underneath elected officials, we would have this magical moment where there would be no political influence. It is a myth, and we should not go down that route. Congress should retain its role, our rightful role in making sure that we, along with the Executive Branch oversee, that we oversee the immigration courts. I yield back. Ms. Lofgren. The gentleman yields back. I am now pleased to recognize the Chair of the Judiciary Committee, Chair Nadler, for any opening statement he may wish to offer. Chair Nadler. Thank you very much. Let me start off by extending my condolences to the McClintock family. I hope someone can convey that to them. With today's hearing, we take a close look at our nation's immigration court system, a system that bears little resemblance to other courts charged with the Administration of justice. The U.S. immigration court system is administered by the Executive Office for Immigration Review, also known as EOIR, an agency housed under the Department of Justice. Since its founding in 1983, EOIR has struggled with its quasi-judicial status. Simply put, because it lacks independence from the Executive Branch, the immigration court system is highly susceptible to political interference. This interference, from Administrations on both sides of the aisle, has greatly diminished the effectiveness of the immigration courts as well as the quality of justice served in such courts. Our country deserves an immigration court system that works. To be truly effective, the immigration courts should function just like any other judicial institution, where judges serve as independent, neutral adjudicators, free from political pressure. Unfortunately, under the current system, the opposite is the case. Immigration judges are subject to the whims of the executive. Unable to function as independent judicial officers, judges lack the autonomy to manage their dockets and, in some cases, to render fair and impartial decisions. Although these issues have been evident for decades, the need for an independent immigration court system could not have been clearer under the Trump Administration, which used EOIR as a pawn to advance its anti-immigrant agenda. As Chair Lofgren mentioned, ``the Attorneys General of the Trump era used the self-certification'' process 17 times to unilaterally change immigration policy or to limit judges' discretion. In contrast, under the Obama and Bush Administrations, both of which lasted 8 years, the self- certification mechanism was used only four and ten times, respectively. The Trump Administration also targeted the National Association of Immigration Judges, or NAIJ, the recognized representative of immigration judges and a vocal critic of many of the Administration's policies that limited judicial discretion. It even went so far as to successfully petition the Federal Labor Relations Authority to strip the NAIJ of its union status. Fortunately, the Justice Department once again recognizes the NAIJ for collective bargaining purposes, and many of the policy changes implemented under the Trump Administration have now been reversed or enjoined by Federal courts. Policy whiplash is no way to run a court. A true court system must be defined by the separation of powers. It must prioritize judicial independence, due process, and the Rule of law. Because of these issues, nonpartisan groups, including those represented by several of our Witnesses today, have long called on Congress to pass legislation establishing an independent immigration court system. I look forward to hearing from our Witnesses today as to why this is so critical and how such a system should be structured. I thank the Chair, Ms. Lofgren, for her leadership on this issue, and for holding this important hearing. With that, I yield back the balance of my time. Ms. Lofgren. The gentleman yields back. I do not believe that the Ranking Member of the Full Committee is present to offer an opening statement. If he arrives, we will, obviously, welcome his statement. Now, is the time for me to introduce our Witnesses. First, I would like to introduce Judge Mimi Tsankov. Judge Tsankov is President of the National Association of Immigration Judges and is an immigration judge based in New York, and an adjunct professor at Fordham School of Law. Prior to her appointment as an immigration judge in 2006, Judge Tsankov served as assistant district counsel and an asylum officer for the legacy Immigration and Naturalization Service, and as a special assistant U.S. attorney for the Eastern District of New York. She earned her Bachelor's Degree from James Madison University, and a J.D. and Master's Degree in International Relations from the University of Virginia. I would now like to introduce Elizabeth Stevens. Elizabeth Stevens is of counsel to Poarch Thompson Law and is here today representing the Federal Bar Association. Previously, Ms. Stevens served in multiple capacities at the Department of Justice Office of Immigration Litigation, acting as Assistant Director of the District Court section. Ms. Stevens has been active with the Federal Bar Association for 21 years, holding various leadership positions, including chair of the Immigration Law Section's Board of Governors. She received her Bachelor's Degree from Georgetown University, and her J.D. Degree from George Mason University School of Law. Karen Grisez is Pro Bono Counsel at Fried, Frank, Harris, Shriver & Jacobson LLP, where she focuses on asylum, removal defense, and other immigration matters. She is here today representing the American Bar Association. She is the former Chair of the ABA's Commission on Immigration, and serves on the National Pro Bono Committee of the American Immigration Lawyers Association. She is Chair of the Board of Trustees of the Center for Migration Studies in New York, and a Member of the Board of Directors for the Capital Area Immigrants' Rights Coalition and the Washington Council of Lawyers. She received her Bachelor's Degree from the University of Maryland, and her J.D. from the Columbus School of Law at Catholic University. Finally, but not least, the Honorable Andrew Arthur, Resident Fellow in Law and Policy for the Center on Immigration Studies, and a former Immigration Judge serving at the York Immigration Court in York, Pennsylvania, from 2006 to 2015. Mr. Arthur also served as an Associate General Counsel for the former Immigration and Naturalization Service, as well as Counsel for the House Judiciary Committee, and Staff Director of the House Oversight Committee. He received his Bachelor's Degree from the University of Virginia, and his J.D. from the George Washington University School of Law. I welcome all our Witnesses. I would invite them now to take the oath before their testimony. Please turn on your audio. I ask that each of you raise your right hand while I administer the oath. Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information, and belief, so help you God? I will note that each of the Witnesses answered in the affirmative. We will now begin. Let me remind the Witnesses that your entire written statement will be made part of our record. We ask that you summarize the written statement in about 5 minutes. There is a clock on our screen, and when it hits zero, we ask that you sum up as promptly as possible so that we will have an opportunity to ask our questions. We will begin with you, Judge Tsankov. Please give us your wisdom. STATEMENT OF THE HONORABLE MIMI E. TSANKOV Judge Tsankov. Thank you so much. Good afternoon. My name is Mimi Tsankov and I am President of the National Association of Immigration Judges. Members of the Subcommittee, thank you for this opportunity to testify today. I am an immigration judge, as you heard, seated in New York. I have been on the bench for about 15 years. Today, what I want to do is share my experience at the court with you. I am seeking your support in bringing about an immigration court that is reformed. Let me walk you through some of the difficulties that have been really challenging the average judge over the past decade. There are almost 580 immigration judges hearing cases at the roughly 70 courts around the country. Generally, judges are on the bench almost every day, all day. It seems like no matter how hard we work, that backlog we are facing just keeps growing. Each judge's piece of the 1.6 million case backlog is approximately 2,700 cases. We have reached this part--this point in large part because our courts are housed, as you heard, within the Department of Justice. We answer to a political leader, the Attorney General, who is also the nation's chief prosecutor. Because of that, the DOJ's control over the court has yielded extreme pendulum swings and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny. That ping-pong between one Administration's priorities and another's reduces judicial effectiveness. That is because the priority for one attorney general may be completing the oldest cases and, for another, it might be recent arrivals requiring travel to the border. Our inability to complete cases is a function of those shifting priorities. Whatever isn't a priority just gets shoved to the back of the line, and my part of the backlog grows. That backlog pressure, it has repercussions for the judges who are viewed as attorney employees by the Department of Justice. Amid those political swings, I may be staring down a possible poor performance rating, not because I don't know how to do my job but because the agency I work for has shifted its priorities. Suddenly court resources are de-prioritized, the budget for interpreters dries up, plans for our new IT system improvement get put on the back burner, training conferences are canceled, staffing levels stagnate, filings stack up unfiled, and space needs aren't addressed. Repeatedly, according to the DOJ Office of Inspector General, the agency has mismanaged its resources. Simply put, the immigration court is treated as a stepchild within the Department of Justice. These problems are compounded for judges like me since I preside over a family unit docket. With many young, unrepresented juveniles, it takes extra time to ensure that these vulnerable respondents understand their rights. It is difficult. DOJ has tried to implement solutions over the years. For example, in an effort to modernize the court, back in 2001 the DOJ said we need to move away from paper files and got a digital filing system that the public can use to interact with the court, much like PACER at the U.S. Courts. DOJ didn't implement an off-the-shelf product like PACER, it embarked on a two-decade project to build its own bespoke system. The final nationwide roll-out of ECAS, as you heard, will be next month. However, I am not sure that the system is in fact complete. Now we have years' worth of paper files that need to be digitally scanned to even operate within our new ECAS system. That is no small task. What I am trying to explain is that DOJ's solution has exacerbated our problems. What is worse is that the DOJ has undermined the integrity of the court. Politicization has led to infringement on judicial independence. Every Administration imposes its political will on the court. This is not a political statement but a statement of fact. This can be applied to every Administration I have worked for in both parties. Today the mission of the DOJ simply does not align with the mission of a court of law. Courts are supposed to be independent from all external pressures, including political priorities. We are not. We need an independent article I immigration court. It is a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the Rule of law. We need to shed the politically tinged system we currently operate in and start functioning as the judges we are supposed to be. Thank you for your attention. I am happy to answer any questions. [The statement of Judge Tsankov follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very much for that testimony, Judge. We will now turn to Ms. Stevens for her testimony. STATEMENT OF ELIZABETH J. STEVENS Ms. Stevens. Chair Nadler, Chair Lofgren, Ranking Member Tiffany, and Members of the Subcommittee, good afternoon. I am honored to represent the Federal Bar Association and to be asked to address one of our organization's highest priorities, the creation of an independent article I immigration court. I have spent considerable time immersed in immigration law and policy, both as an Assistant Director of the Office of Immigration Litigation of the Justice Department, and as Chair of FBA's Immigration Law Section. The FBA has determined, after significant research and consideration of alternatives, that an independent article I immigration court, similar to the Tax Court, will best improve the adjudication of immigration cases without making changes to substantive immigration law. article I courts have a long, successful history. An article I immigration court will ensure decisional independence and promote timely decision making and efficient adjudication. No simple band-aid can fix the current broken system and its ever-growing trial level backlog. Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it. Unlike other elements of immigration law, there is a broad consensus that the current system for adjudicating immigration claims is dysfunctional and deserves systemic overhaul. The current system undermines efficient adjudication, denies due process, politicizes an important adjudicative function, and deprives immigration judges of effective authority and autonomy. This is not a partisan issue; it is a good government issue. It has nothing to do with substantive immigration law or broad immigration policy. Whatever the immigration laws are, and whatever the policies that inform them, it is past time to lift the courts that apply them from halfway there, not-quite courts to true courts under article I. Let me walk you through some of the problems the FBA has identified with the current adjudication structure. The Executive Office for Immigration Review is a top-heavy bureaucracy, not a true court system. Headquarters programs are largely duplicative of functions performed elsewhere within the Government, and drain resources that should be devoted to adjudication. Immigration judges have little control over their dockets and cannot use the contempt authority authorized by Congress. Individuals wait an average of 1,938 days from receiving the first charging document to a hearing on their applications. An article I court would not duplicate or add jobs, nor would it require significant numbers of political appointments. Though it will not singlehandedly fix the backlogs, an article I court should help us improve the current backlogged system through administrative efficiencies and docket control. The current system does not fit the general view of what Americans consider due process. The Department of Justice does not view immigration judges as independent judicial officers. The potential for political influence means that they cannot ensure due process or decisions made solely according to law. A broad perception exists that the immigration courts merely rubber stamp DHS actions. Because of this perception, individuals may not pursue relief for which they might be eligible; It also leads to more petitions for review in the circuit courts, as the hope of impartial review in the federal court system postpones finality and undermines the authority of immigration determinations. There is ample precedent for Congress to establish an independent article I immigration court. Congress has successfully done this in other areas of law that involve executive policy making, priority setting, and impartial adjudication. For example, the Tax Court and the Court of Appeals for the Armed Forces also started off as internal components of civilian or military bureaucracies. In response to concerns about fairness and impartiality, Congress reassigned the adjudicative functions to independent article I courts with no impact on the agencies' other processes. Some propose creating a separate executive agency or placing immigration courts within the regular article III federal court system. The former would simply relocate, but not eliminate, the bureaucratic problems. The Judicial Conference of the United States opposes the latter. The best option is an independent article I immigration court. Thank you again for the opportunity to testify today. The FBA looks forward to collaborating with you on this issue. I look forward to answering your questions. Thank you. [The statement of Ms. Stevens follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very much for your testimony. We will now turn to Ms. Grisez for your testimony. STATEMENT OF KAREN GRISEZ Ms. Grisez. Good afternoon. Thank you, Chair Lofgren, Chair Nadler, today's Acting Ranking Member Tiffany, and Members of the Subcommittee. My name is Karen Grisez, and I am pro bono counsel for the law firm of Fried, Frank, Harris, Shriver & Jacobson in Washington, DC. I am also a former Chair of the ABA Commission on Immigration. The ABA appreciates this opportunity to share our views on the Rule of law and the need for an independent immigration court. Due process and judicial independence are integral components to the Rule of law, as well as core concerns of the ABA. As currently constituted, the immigration courts lack many of the basic structural and procedural safeguards necessary to ensure fair and impartial adjudication, to the detriment of both the Government and those who are going through the system. The location of the EOIR within the Department of Justice and, consequently, under the direct authority of the sitting Attorney General, is central to our due process concerns. Over the course of many Administrations, we have witnessed the adoption of policies and procedures that undermine immigration judges' duty to perform as neutral arbiters of facts and law, and by prioritizing expeditious case processing overdue process, as well as segregating case categories in reaction to changing enforcement priorities. In addition, the role of the Attorney General as the ultimate decision maker within the Executive Branch has led to a dizzying back and forth instructions of law that impairs finality and diminishes confidence in the integrity of the adjudication system. Even brief consideration of the basic hallmarks of due process--notice, an opportunity to be heard, a hearing before an impartial tribunal, and the opportunity to be represented by counsel, reveal important flaws in the current system. Notice frequently contains a place-holder date as opposed to a real hearing date in immigration court because of the limitations on the technology of the system. The EOIR automated system available to litigants to check on the current status of a hearing date often do not reflect current hearing schedules. Judges are assigned and reassigned to different dockets for administrative convenience. Additionally, notices of hearing are often mailed out too late to inform respondents of their new hearing date or are mailed to outdated addresses because submissions are not timely filed in the court case file. The scope of the opportunity to be heard is controlled by the immigration judge, which is particularly concerning with regard to place a response. Regardless of practice annual guidelines, the judge controls how long will be allowed to find counsel; how much time will be allowed to identify witnesses and obtain corroborating evidence, often requiring translation; how long will be allowed for the hearing; how many available witnesses will be allowed to testify and by what means. Many asylum applicants whose cases involve life or death consequences are allowed only 2 to 4 hours to present their complete cases, even when interpretation is required. Due process violations can only be raised on appeal if they are reflected on the record, and only if the respondent is actually able to take an appeal. The need for an impartial tribunal may be the most compelling reason for an independent court. Other witnesses have already talked about control by the Attorney General in many other ways, but the hiring process, too, is completely under control of the Attorney General in a non-transparent process. The performance of immigration judges is evaluated not by the quality of their opinions, but by how quickly they can complete their cases. Opportunity to be represented by counsel is also an issue. The statute provides opportunity for counsel, but at no expense to the Government. So, there is no right to appointed counsel for the indigent, except in rare circumstances. Access to legal information is also very limited. To address these issues, the ABA conducted a study, issued a report, and has come to the conclusion an article I court is the best solution for a variety of reasons: Independence, fairness and perception of fairness professionalism, and increased efficiency. We examined an independent article I court, independent agency, and a hybrid model, and concluded for reasons that we can discuss further, that article I is the most preferable model for a variety of reasons. We urge Congress to expeditiously pass legislation to create an article I immigration court to enhance the Rule of law and strengthen due process in our removal adjudication system. [The statement of Ms. Grisez follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you very much for that testimony. We will now turn to Mr. Arthur for his testimony. You are now recognized. STATEMENT OF THE HONORABLE ANDREW ARTHUR Judge Arthur. Madam Chair, Chair Nadler, and Ranking Member Tiffany, Members of the Subcommittee, thank you for inviting me today. The 580 or so immigration judges play a crucial role in our system of justice and national security to face numerous challenges, as you have just heard. For decades, the immigration courts were largely forgotten, inadequately staffed. IJs were left without needed guidance and oversight from the Executive Branch. They have also struggled to do their jobs through the flaws in the immigration laws and poorly reasoned judicial opinions that suffered under various Executive Branch priorities and policies that have swelled their dockets by encouraging foreign nationals to enter and remain in the United States illegally. In fiscal year 2021, Border Patrol apprehended 1.659 million migrants along the southwest border, an all-time high. Those migrants have overwhelmed limited DHS resources, resulted in many being released with nothing more than a notice to report to an ICE office near their destinations in the United States. A federal bipartisan panel during a lesser surge in 2019, determined that similar releases were the major ``pull factor'' drawing family migrants to enter the United States illegally with great danger to all and prominently children. Largely as a result of surges at the southwest border in recent years, IJs now face a crushing backlog of almost 1.6 million cases, not counting hundreds of thousands of others that are administratively closed. That backlog is bad for our system of justice. Here is one example: Congress has mandated that most asylum cases be adjudicated within 180 days. In October, the immigration courts were handling more than 623,000 asylum claims. Few will be decided in 2 years, let alone 180 days. Some have called for abandoning the EOIR system and creating an independent article I court outside the Executive Branch. That won't resolve the issues that the IJs face, which are driven largely by a lingering lack of resources and the backlog which, again, in turn is driven by the crisis at the border and exacerbated by the aforementioned flawed statutes and policies. Moreover, any restructuring would be complex and costly, absorbing resources that would be better directed toward including EOIR and providing it with more funding. The arguments favoring restructuring are less compelling than they appear. While I served as an immigration judge, attorneys general from both parties, my independent judgment was never impinged upon, and I had a relatively high level of autonomy over my dockets. I strove to run my court in a professional manner and expected the same of the parties who appeared before me. The arguments against an independent immigration court on the other hand are significant. First and most crucially, this plan would have serious constitutional implications. Immigration decisions are closely tied to the foreign policy of the United States. The Supreme Court and the Ninth Circuit have both found that. That has been recognized as solely within the sway of the Executive Branch. I can ratify this and elaborate with more real-world examples from my own experience if you are interested, but the problem is far from theoretical. Creating an independent immigration court would largely remove congressional oversight of immigration decision making, which matters to me as a former staffer. Finally, an article I court would be left to fight for resources. Immigration is contentious, and Congress, with the power of the purse, could easily starve an immigration court whose decisions it did not agree with of funding. IJs need additional resources, which the Administration has promised to seek. While more judges will help, they already need extra support staff, including law clerks. I would ask this body to move to providing that. That said, IJ candidates should be fully vetted before they are hired and trained in both immigration law and courtroom procedure before they hear cases. While IJs need bright line rules to follow, the Attorney General should not overturn settled law. Moreover, a recent proposed letter which IJs would be required to adjudicate asylum cases in which no asylum application has been filed would further burden the courts and should be rejected. Congress should, however, consider creating an article I circuit court for immigration. That would help IJs by bringing uniformity to interpretations of the immigration laws and alleviate burdens on the 11 circuit courts that currently hear aliens' petitions for review. Reviews of the IJs decisions accounted for 85 percent of administrative agency appeals before the circuit courts in 2019, more than 5,000 cases. I thank you for the opportunity to appear today, and I look forward to your questions. [The statement of Judge Arthur follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. Thank you. Thank you, Mr. Arthur. Thanks to each one of our Witnesses for their thoughtful testimony. This is now the time when the Members of the Subcommittee can ask questions under the 5-minute rule. I will begin with myself. First, Ms. Stevens, we heard in your opening statement and from our other witnesses concerns about the Executive Branch's influence on the court system. Under the article I model proposed by the Federal Bar Association, the President would have the authority to appoint the appellate level immigration judges who would then select the trial level immigration judges. Given the power of the President to appoint appellate judges, explain how the FBA's proposal would protect against political influence, if you may. You need to unmute. You are muted. Ms. Stevens. Thank you, Chair Lofgren, for that question. That is an excellent question that goes to the core of the FBA's presentation. In the FBA's model proposal, we proposed that appointments to the appellate level be staggered so that every 5 years only one-third of the appellate judges would be appointed. That will limit the specific political--limit the ability of any specific Administration to select all the judges on the system. We believe that would go a long way towards limiting political issues. Thank you. Ms. Lofgren. Thanks for that answer. Ms. Grisez, the American Bar Association has been an outspoken advocate for immigration court reform for over a decade that we have been talking. Now, there are various options for changing the immigration courts, everything from an article I court to a separate agency, and the like. Can you explain why the ABA chose specifically to endorse an article I court system as opposed to the various other alternatives that we could devise? Ms. Grisez. Yes. Thank you, Madam Chair. There are a number of reasons. Going back to the core principles, the core values of the ABA, focused on fairness and due process in adjudication, the notion is that the article I courts would provide the most court-like system, the most independence, the most freedom from Executive Branch control, and ability to recruit, with the prestige of a true independent court, the best qualified pool of candidates. Ms. Lofgren. Thank you for that answer. Judge Tsankov, Federal Judges, both article III and article I, have job protections. article III judges have lifetime tenure. article I judges have fixed terms. I would like you to explain what kind of job protections immigration judges currently enjoy. How would that change if the courts were independent from the Department of Justice? Judge Tsankov. Thank you for that question. Currently, the immigration judges have the same types of federal protections that any federal employees have. They can only be fired for cause. If they have engaged in some sort of-- if they are deficient in doing their job or engage in some sort of problematic conduct. However, the vast majority of the immigration judges that are currently seated are probationary judges. Those judges can be removed at will, except in certain circumstances such as EEO type based reasons. Now, if we were to transport our current system into the article I context, we would have the independence. The political influence that could impact the firing of probationary judges or any of the other judges, that would be eliminated. Ms. Lofgren. Let me just ask if you have given--Judge Tsankov, there would need to be a transition period. Have you thought, or any of the other Witnesses, thought about how that transition from the current system to an article I court would work, and how, what are the complications that we need to be alert to? Any of you? Judge Tsankov. I would probably defer. I know you mentioned my name, but I would defer on that question to my colleagues who have been, who are really the experts in creating those types of courts. Ms. Lofgren. Ms. Stevens, do you want to give it a try? Ms. Stevens. Chair Lofgren, I would be happy to give that a try. In our proposal, in our model legislation we have proposed a transitional period of 3 to 5 years where the current immigration judges and board Members would be pulled into the article I system. That would require a term, especially for the appellate level, for them to have presidential appointment and Senate confirmations so that they could appoint new immigration judges to those particular areas, keeping in mind very serious issues needing confirmation under the appointments clause. Thank you. Ms. Lofgren. Thank you very much. I see my time has expired. So, I will turn now to Mr. Tiffany for his questions. Mr. Tiffany. Yeah, thank you very much, Madam Chair. First, Ms. Stevens, did I hear your comment correctly that the backlog of cases is not affected by the number of cases or the amount of illegal immigration? Ms. Stevens. Thank you for that question, Congressman Tiffany. I do not believe that was part of my statement. The backlog is significantly affected by new cases being filed. It also has a significant impact from cases being remanded, and motions to reopen, and motions to reconsider, where immigration judges have to take a look at a case three, four, five, six, seven, times, or the Board of Immigration Appeals has to take a look at the cases many times. There's a number of reasons for the backlog, including the push me/pull you of Administrations saying, ``Do this. No, do that first.'' Thank you. Mr. Tiffany. Yeah, thank you for that. I will go back and re-listen to that testimony. I appreciate your answer. Mr. Arthur, would securing our borders in conjunction with requiring immigration judges to meet case completion goals help our backlog issues? Judge Arthur. Let me break that into two parts, if I could, Mr. Tiffany. The first one has to do with the border. In recent filings with the court in Texas v. Biden, DHS revealed the fact that it had apprehended I think 176,000 migrants at the southwest border in December, and that 51,000 of those individuals had been issued NTAs or had been paroled. Logically, they would be amenable to removal proceedings. On an annual basis, that would be 600,000 new cases. So, that will give you an idea to quantify how much the border would affect it. With respect to case completion goals, I will note that Congress actually, again, created one. Asylum applications are supposed to be completed within 180 days. That is the entire process, that is not just the immigration court process. So, again, case completion goals are a tricky issue. I never had any problems meeting mine. If it was coupled with some sort of assistance to the judge, then completing cases more quickly definitely would cut back on the backlog. Mr. Tiffany. You alluded to the nexus between the role of foreign policy and immigration. I find that to be a pretty compelling message, keeping this with the Executive Branch, that there is this nexus. I mean, you have foreign migrants coming into our country, and the Executive Branch clearly has purview over foreign policy to a large extent. Could you talk about that a little bit more, the importance of keeping, keeping this in the Executive Branch within the Department of Justice? Judge Arthur. Thank you, Mr. Tiffany. Yeah, and I note that I have a number of immigration experts here. One of the key components of immigration is something called reciprocity. We treat foreign--other countries treat our citizens the way that we treat their foreign nationals. For that reason there must be a certain amount of Executive Branch oversight over the process to ensure that those individuals are being properly treated. We have things in the law like serious non-political crimes which is a bar to asylum. If an immigration judge were to find that something is a serious non-political crime that had a huge impact in a country, I mean, take the regrettable bombings during the Troubles in Northern Ireland and we were to find that those were not--or that they were political crimes and, therefore, not a bar to asylum, that would have a serious impact on our foreign policy with the U.K. I am going to have to dance around a specific case that I had, but there were two individuals who were accused of participating in the killing of an individual who was the father of a head of State abroad. That is a situation in which if an immigration judge were to grant those two people asylum it would have significant impact on our foreign policy with that country. I could speak in camera to staff if they are interested in the facts of that case, but it was a very significant case. Mr. Tiffany. I want to get this last question really quickly. Are you aware of any effort by EOIR under this or prior Administrations to tell immigration judges how they should Rule in a particular case in a manner that is inconsistent with the law of precedent? Judge Arthur. No. I think that, of course, from my testimony you can see the memo that was put out by EOIR with respect to prosecutorial discretion. No, I have never seen anyone--and, again, I served under both President George W. Bush and President Barack Obama. Mr. Tiffany. I yield back, Madam Chair. Ms. Lofgren. The gentleman's time has expired. We will now be pleased to recognize Chair Nadler for his questions. Chair Nadler. Thank you. Ms. Stevens, the Federal Bar Association supports the establishment of an article I immigration court and has even drafted model legislation for that purpose. Did the FBA explore other restructuring options? If so, can you please explain why the FBA concluded that an article I structure is the best solution? In particular, why not make it a regular article III court with lifetime appointments, independence, and appeals to the circuit courts or the Supreme Court? Ms. Stevens. Thank you very much for that question, Chair Nadler. The FBA looked at several different types, including making the immigration courts a separate administrative agency outside of the Department of Justice. Continuing, we identified the Department of Justice in its current fashion. Also, the article III question. First, I would like to say that the article III question has been addressed by the article III courts themselves. They recommended time and again in 1982 and again in 2016 that any independent immigration court should be located outside of the article III courts. This has there are two real reasons for that. One of them is that there is the possibility of having the Administration, the article I courts, make the primary decision, but it is then reviewed in an article III situation. So, there is the possibility of separate review. The reason that we want a true court system is to really provide efficiencies within the system itself. If it is an article I court like the Tax Court, you have the perception that it is indeed independent. That is so important. The perception of independence is similar to the creation of the Tax Court back in the 1920s. The very reason the Tax Court was taken out of the Department of the Treasury and the IRS at the time, or whatever it was called at the time, are the same reasons: The perception of fairness, of impartial adjudication, and the ability to judges to be secure in their appointments and, not have to worry about political impact. Chair Nadler. Thank you. Ms. Stevens. Thank you. Chair Nadler. Judge Tsankov, Ms. Grisez, and Ms. Stevens, all of you and the organizations you represent have been calling for the creation of an independent immigration court system for many years. You have stood by this position under both Democratic and Republican Administrations. Judge Tsankov, in your view is there any reason this would be a partisan issue? Judge Tsankov. It is a nonpartisan issue from my perspective. It is a good government problem--solution. It is a Rule of law issue that needs to be addressed. Both parties really support good governance and Rule of law concerns. Chair Nadler. Okay, thank you. Judge Tsankov. Thank you. Chair Nadler. Thank you. Ms. Grisez, one of the problems with immigration courts that was identified by the American Bar Association in its 2017 and 2019 reports is a lack of adequate resources. In the last two years Congress has appropriated hundreds of millions of additional dollars to EOIR and, yet problems with the immigration court system persist, and many have worsened. In your opinion, why hasn't the increase in funding improved court efficiency? Why is the hiring of more immigration judges not enough to solve the problems with the court system? Ms. Grisez. Thank you for that question, Chair Nadler. I would say that the resources are one problem with the current immigration court, and one of the reasons that it has been unable to keep up with or make a dent in the backlog, but it is not the only reason. The structure is a reason, the political influence that we have talked about is a reason, and the constant shifting in policies, procedures, dockets, judges getting reassigned, all contribute to the inability for the judges, even new judges, as you heard from an earlier Witness, to keep up. The biggest thing that I would say, though, from the ABA perspective is that the immigration court system can't be looked at as a vacuum, and reforms to the immigration court, including the article I recommendation, isn't the only thing needed to fix the system. If you look at our reports, the 2010 and 19, they look at the immigration system as a whole, and all the other factors, so the inputs that go in, what cases get in removal proceeding to begin with, who makes decisions about charging, what is the opportunity for considering whether the Government would actually remove someone, the prosecutorial discretion question, the functioning of the board, all the way up. So, resources are one issue, but the inputs and the operational concerns are another. A big one that I would point out is that access to counsel. The court system would be more efficient if people had lawyers, judges didn't have to conduct three or four master calendars, there weren't appeals and motions to reopen, to remedy due process violations that occurred in the first hearing, and the like. So, there are a multiplicity of factors. Ms. Lofgren. Thank you so much. The gentleman's time has expired. I understand that Mr. Buck is next in order, but I don't see his camera on. Mr. Buck, are you waiting? If not, we will-- Mr. Tiffany. Madam Chair? Ms. Lofgren. Yes. Mr. Tiffany. Madam Chair, you can go to Mr. Biggs, if you would like. Ms. Lofgren. Okay. I will recognize Mr. Biggs for his questions. Mr. Biggs. Thank you, Madam Chair. I appreciate that. Madam Chair, over the past year, I and many other Members of this Committee have written to you and Chair Nadler requesting that we have a hearing with Secretary Mayorkas, so that we can ask him directly about the border crisis that he created. We have yet to hear back from you, and I just want to give a little flavor. At the Van Horn station just yesterday, they only had four agents on duty in one shift. Three of them were attending illegal aliens who were hospitalized. The fourth was the only agent that was monitoring the border, not just the line but also the interior that went there. So, that is just one flavor. I have some videos. I am not going to play those. Instead, Democrats on this Committee have pushed tirelessly for amnesty for millions of illegal aliens. This push for amnesty is one of the many factors that have led millions of aliens to enter our country illegally. They believe that if they get here President Biden will allow them to stay, and Congressional Democrats will give them amnesty. I have been down to the border, talked to people. That is what they tell me. Since January 2021, CBP has reported more than 1.7 million encounters at the southwest border, and this number does not include the hundreds of thousands of got-aways. According to CBP, Yuma sector experienced a nearly 2,400 percent increase in encounters during several months last year. The facts are clear: There is a crisis at the southern border, and the Biden Administration continues to ignore it. This Committee should be conducting proper oversight, but it is not, and the majority refuses to call Secretary Mayorkas to testify. We are here today having a hearing that is very similar to one that we did just a year ago. We should be having a hearing with Secretary Mayorkas as the Witness, so that he can answer questions from the Members of this Committee. He has managed to testify before the House Homeland Security Committee, the Senate Homeland Security and Governmental Affairs Committee, the Senate Appropriations Committee, the House Appropriations Committee, and the Senate Judiciary Committee--some of these committees more than once. We are the Committee of jurisdiction, and he hasn't been before us. Mr. McArthur--sorry, sorry, sorry. Mr. Arthur, will changing the immigration court to article I court solve the crisis at the southern border? Mr. Arthur. It will not. The number of migrants who are being apprehended down there is so large, you would also have to double the size of the immigration court at this point to address it. Mr. Biggs. Mr. Arthur, the Immigration Nationality Act requires DHS to detain aliens who enter the country illegally while any potential claims for relief they may make are pending before an immigration judge. Is that the law? Mr. Arthur. That is section 235 of the INA. 235b, yes. Mr. Biggs. Is DHS detaining aliens as required by law? Mr. Arthur. No. Again, I reference the discovery in Texas v. Biden, and I believe that they said it was 50,000-plus individuals encountered at the southwest border who were released in the month of December. Mr. Biggs. They have been told to just simply check in, and these are the 50,000 roughly that did not bother to check in at all. Is that right? Mr. Arthur. No. These are individuals who were apprehended. This particular report doesn't list notices to report, which would be that 60-day check in. We did have information that had been handed over to Senator Johnson in the other, from Secretary Mayorkas that indicated that I believe just short of half of individuals who had been released on notices to report had failed to check in. Mr. Biggs. So, I am hearing troubling reports that DHS is simply paroling agents--excuse me, paroling aliens into the country instead of detaining them. Are these reports accurate? Mr. Arthur. Yes. Actually, in the month of December, 18,270 migrants or individuals encountered at the southwest border were paroled. On top of that, DHS released an additional 32,836 on their own recognizance. Mr. Biggs. Is that the way parole is supposed to work, according to the law? Mr. Arthur. It is not. Parole, under section 212b(5) of the INA is supposed to be on a case-by-case basis based on an individual determination. Only for significant public benefit or--I can't remember the other factor, but no, it is supposed to be very narrowly provided. Mr. Biggs. Are you familiar with Secretary Mayorkas' directive to limit ISIS enforcement of immigration law? Mr. Arthur. I am familiar with his September 30, 2021, guidelines, yes. Mr. Biggs. So, it has come to my attention there is about a million aliens with final orders of removal on ISIS's non- detain docket. What is happening? Is ISIS removing those individuals? Mr. Arthur. There are three priorities that are listed in Secretary Mayorkas' memo--individuals who pose a risk to the national security, spies, and terrorists; individuals who pose a risk to public safety, and those are individuals with serious criminal offenses; and the third one are threats to border security, and those are individuals who enter the United States illegally after November 1, 2020. I don't know why they picked that date. No, if they don't fit within one of those three categories, they would not be priorities for enforcement action, which would include even questioning, let alone removal. Mr. Biggs. Thank you. My time has expired. Ms. Lofgren. The gentleman's time has expired. We will turn now to Ms. Jayapal. Ms. Jayapal. Thank you, Madam Chair. Let me return our hearing to the topic of the fairness in the immigration court system. The mission of our immigration court system is to (adjudicate immigration cases fairly, expeditiously, and uniformly, interpreting and administering the Nation's immigration laws. However, unlike our civil and criminal court systems, immigration courts aren't independent. They are housed within the Department of Justice, and they are overseen by the Attorney General, who can change the fundamental operations of the court and the interpretation of laws and policies governing people's access to justice and immigration benefits. As Judge Tsankov pointed out in her responses to Chair Nadler, having an independent court that is not subject to political whims is basic for good governance and is bipartisan, not partisan. Ms. Stevens, in your experience monitoring the courts and representing individuals, how does the design of the immigration court system impact the functioning of the courts and an individual's ability to pursue their case? Ms. Stevens. Thank you much for that question, Representative Jayapal. The immigration courts are housed within the Department of Justice. When you go into a court, you have the immigration judge sitting there, and you have DHS counsel sitting on one side with their computer and their telephone and their full big bin of cases, and on the other side you have this one person trying to talk to all of them, possibly with an interpreter, possibly not. It feels, as you walk in, that even if they are represented by counsel that DHS and the judge are there together, and you are just kind of coming in. This really does impact the ability of an individual to accept the judge's decision and leads to additional motions to reopen, motions to reconsider, and appeals, hoping that they finally will get an independent arbiter, regardless of how good the immigration judge is. Thank you. Ms. Jayapal. Yes. It really hurts court efficiency when people don't believe that they are getting a fair shake. In the criminal justice system, everyone is provided an attorney if they can't afford one. Ms. Grisez, as an experienced pro-bono attorney, how would expanding appointed counsel into the immigration system impact an individual's access to justice? Ms. Grisez. Thank you for that question, Representative Jayapal. It would impact access to justice in a lot of ways, and one of the big ways is starting before people would even enter the courtroom. Right now, the Office of Legal Access Programs within EOIR does fund a legal orientation program, but it is not present in all detention centers. It is not universal, and it doesn't exist for non-detained people, and it doesn't exist for children. There are groups of people that either find a lawyer on their own or a pro-bono lawyer or they don't. So, for your question, I like to think about what the immigration system would look like for pro se people, where everyone would have access to LOP, everyone would have a lawyer, people would understand what the charges against them are, what has to happen at a master calendar with pleadings, what is the impact of the concessions they make or the applications for relief that they indicate they are going to file, and that there would be predictability from one hearing to the next on what they would expect. If an objection is made on the record, it is preserved for the ruling, and a ruling made by one judge would carry over to another judge. It is understanding, knowing decisions, respect for the process, and ability to accept the decision even if it is negative. Ms. Jayapal. Well, let's Ms. Grisez. I am sorry. Ms. Jayapal. No. Let's go to that, actually, because I think you are pointing out that it is not just success in receiving immigration relief, but we have seen in New York City where the Vera project has provided universal counsel to detained individuals, that when people have competent counsel and understand that they are not eligible for benefits under U.S. law, they are much more likely to accept removal as well. Let me ask you to respond to that point that you were just beginning on. Ms. Grisez. Yes. Ms. Jayapal. Would you agree that expanded counsel--access to counsel could actually help improve court efficiency? Ms. Grisez. Yes. I can give you one good example. A lawyer in my firm was appointed to represent someone at the 9th Circuit, by the 9th Circuit pro-bono panel, the first time the individual ever had a lawyer. They were persisting from the immigration court to the BIA to the circuit in asserting a legal claim that was based on a fact but didn't influence his eligibility for relief. Once he got a lawyer who told him, ``Your claim is not going to work, it is not allowed under the statute, you are going to stay detained through the whole 9th Circuit process, and you are going to lose,'' he dissolved his claim, accepted deportation, and left. That could have happened years earlier if he got a lawyer earlier in the process. Ms. Lofgren. The gentlelady's time has expired. Ms. Jayapal. Madam Chair, I do have a unanimous consent request to enter into the record, a September 2016 report by the American Immigration Council, Access to Counsel in Immigration Court; and a 2017 report by the Vera Institute of Justice evaluating the impact of legal representation on family and community unity. Ms. Lofgren. Without objection, those will be entered into the record. [The information follows:] MS. JAYAPAL FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. I see Mr. Buck, who is now recognized for his questions. I think you are muted, Ken. Mr. Buck. Thank you. My constituents wish I would stay that way sometimes, but I appreciate the warning. Mr. Arthur, I am going to direct my questions to you. I am, obviously, concerned about the folks that are using the asylum process as an excuse, but I wanted to get your thoughts on those that are actually coming to this country with legitimate asylum claims and the backlog that they have to go through to be heard in this process. So, it just seems to me that when we have a lax system where we are allowing people to be released on their own recognizance basically, and come back on their own word, we have this tremendous backlog. The problem is that when someone has a legitimate asylum claim, they are in limbo until that claim is decided in their favor, and then they are given legal status and they can actually try to make a life for themselves in this country. So, your thoughts on the effects of just basically an open door policy for folks to use asylum as an excuse to get in. Mr. Arthur. Yeah. Thank you for that, Mr. Buck, because this is one of those subjects that doesn't get discussed enough. Between Fiscal Years 2008 and Fiscal Year 2019, fourth quarter, about 83 percent of all migrants apprehended at the border who claimed a credible fear if returned were found to have a credible fear. At the end of the day, only about 14 percent of that 83 percent--I am sorry, 17 percent of that 83 percent actually received asylum. The focus in the system really needs to be on that 17 percent of individuals who are found to have credible fear, so that we can adjudicate their asylum quickly. It is very important to our system of justice for a variety of reasons, and it goes to who we are as a people as well. If you are granted asylum, you can start to put your life in order. You can start to put down roots in the United States. More importantly, or as importantly, you can also petition for your family Members who are abroad. It is not a big surprise-- it is actually quite logical, unfortunately--that individuals who are political dissidents, for example, their family Members will also be threatened. So, the more quickly that we can grant them asylum, the more quickly we can get those family Members out of harm's way. So, absolutely, getting rid of the bad cases and getting to the good cases is absolutely crucial. Mr. Buck. Well, one of the things I want to complement you and your organization for is it is really important that when we have legitimate asylum cases that we welcome people to this country, that we are a compassionate country, and we should demonstrate that across the world. One of the ways we distinguish ourselves from our adversaries, like China, Russia, Iran, and other countries, is we are good people. We are a government and a people that want to make sure that we show our humanity and our values. So, the asylum system is important, and it is important that we get it right and it doesn't get clogged up with people who are coming here for economic reasons. They want to jump the line. They don't want to wait their turn for various types of visas, and they actually hurt the process for those that are seeking asylum. The Center for Immigration Studies has it right in a lot of ways when it talks about the fact that we don't want to have as broad immigration as we have right now, but we want to make sure that we are more welcoming to those who are coming to this country for legitimate reasons and really should be welcomed by the people of the United States. I appreciate your stand on that. Has there been anything else that you want to comment on, other questions that were asked that you didn't have a chance to respond to? Mr. Arthur. Thank you for that, Mr. Buck. As I listened to my colleagues, my former colleague Judge Tsankov, and to Ms. Stevens and Ms. Grisez, one of the things that I really heard was that a lot of the issues that we are talking about are administrative issues. We need to make sure that cases are done quickly. We need to make sure that the electronic filing system is good, and that actually goes to the question that you asked, because one of the issues with asylum is asylum fraud. John Morton, who had previously been the Director of ICE, actually did a massive case involving something called Operation Jakarta in which individuals from Indonesia falsely claimed asylum. I think it was more than 1,000 individuals that were involved. We want to get the bad cases out of the system, and we want to cut down on them. Electronic filing will enable that because it will enable USCIS EOIR to match up very similar claims in which people are basically just submitting the same claim over and over again hoping to get asylum. Mr. Buck. My time has expired. I appreciate your answer, and I want to yield back. Mr. Arthur. Thank you, Mr. Buck. Ms. Lofgren. Thank you very much, Congressman Buck. I would now like to yield to Mr. Correa for his questions. Mr. Correa. Thank you, Chair Lofgren. First, let me say thank you very much for this hearing. Very important. As I listened to the discussion of immigration today, I would say this issue is not about immigrants, but rather it is about Americans and our history. Judicial discretion independence--I have heard a lot of discussion today about foreign policy also viewed in the context of refugees, people coming into the country. I want to focus a little bit different, and that is the folks that have been here in this country that have made a life, that have become good taxpayers, good, productive Members of our society, that are parents to American citizens, people that are front- line workers right now. I am going to ask each of our Witnesses here today a quick question, and I hope you can answer it. One of the issues that is very near to my heart right now are deported veterans, people with a green card that join the military, go off and fight, come back after God knows how many tours of duty, after seeing God knows how many things they shouldn't see happen to their fellow soldiers, they come back and same thing happens to them that happens to a lot of other soldiers--PTSD, they go to a bar, get drunk, get in a fight, get a conviction and deportation. Under judicial independence or discretion, Ms. Stevens, would these deported veterans possibly have a shot to stay in the U.S., if a judge was to weigh the merits of a soldier versus a mistake? Ms. Stevens. Thank you for that question, Representative Correa. That is a very interesting aspect. The immigration laws are not kind to people who have convictions. Mr. Correa. Even a soldier who has fought for this country, laid it all on the line, who has done more than most American citizens probably have. Ms. Stevens. He would have had the opportunity, while he was a soldier, to apply for naturalization, if possible. The immigration judges do have some ability under the immigration laws to use some discretion. Mr. Correa. So, there is some remedy there. Ms. Stevens. There is some ability to use discretion under the current system. Mr. Correa. Ms. Grisez. Ms. Grisez. Ms. Grisez. Well, Representative Correa, thank you for the question. The move to an article I court wouldn't solve the problem that you point out, which is a real and serious problem. The ABA has other policy on the restoration of discretion to immigration judges of broader-- Mr. Correa. Thank you. Ms. Tsankov. Ms. Tsankov, would there-- Ms. Tsankov. The one thing that I would say is if those individuals are lawful, permanent residents, depending upon the nature of the crime, if it is a brawl, then potentially they could apply for some sort of cancellation or removal or some other form of relief. Mr. Correa. So, judicial discretion independence here would or wouldn't help them? Maybe. Maybe not. Ms. Tsankov. It just depends. We just-- Mr. Correa. Mr. Arthur. Mr. Arthur. Mr. Arthur. Yeah. Thank you, Representative. Actually, for what it is worth, I advised Attorney General Janet Reno on not this case but-- Mr. Correa. Yes or no. Yes or no. Help me out here. I am-- Mr. Arthur. No, it wouldn't. Once the decision is made to put the person-- Mr. Correa. So, there wouldn't be any amnesty for these immigrants under this proposed independence of the courts. Mr. Arthur. There would be no latitude by which the court could not Rule that way, sir. Mr. Correa. Thank you very much. Coming back to the issue of foreign policy, Ms. Stevens, how would these independent courts affect our Nation's foreign policy? Ms. Stevens. Thank you very much for that question, sir. The establishment of an independent article I court would not remove the ability of the executive to make decisions on foreign policy, and policy decisions is in the immigration context. The visa system, everything else, that is not part of the things that immigration courts take a look at. They are only looking at deportation. So, authority over visa issuance, admissions into the United States, national security, and related cases, is not going to be removed from the executive. That actually would be well within the power of DHS, and DHS is the party before the immigration court and can bring those concerns to any independent immigration judge. Thank you. Mr. Correa. Chairwoman Lofgren, I have so many other issues I want to talk about, but it seems like my time is running out. So, with 12 seconds left, I yield the remainder of my time. Thank you. Ms. Lofgren. The gentleman yields back. I would like to recognize the gentlelady from Texas, Ms. Escobar, for her questions. Ms. Escobar. Thank you, Madam Chair. I appreciate the opportunity to have this conversation with our Subcommittee, and many thanks to the panelists who have shared their advocacy and their recommendations with us. I know some of my colleagues love to say that they have been to the border. I am the only representative on this Committee who actually lives in and represents a border community. While some of my colleagues want to convince the American people that we can address our immigration challenges simply by hardening the border and utilizing cruelty as a policy, the truth is that the prior Administration tried that and it only made things worse. That, and decades of congressional inaction, have created the current situation we face today. What we need is a holistic approach, significant and multifaceted reform, and we need some honesty in this conversation. Honesty, so that we can tackle our great challenges strategically and together. We know that housing our immigration court and the Department of Justice means that our immigration system is subject to the political will of presidential Administrations. As detailed in today's hearing, at best, this creates an inconsistent immigration system with unreliable efficiency, accessibility, and fairness. Under the worst-case scenario, as we saw during the prior Administration, it leaves room for highly partisan forces to try to use the courts to execute a political agenda. Our immigration system is broken. While creating an independent immigration court will not solve everything, it is a key component to this multifaceted approach, multifaceted reform, that is needed. It will ensure that our courts are non- partial, well-staffed, and out from under the influence of whichever party happens to be in the White House. Refusing to establish an independent immigration court will result in us continuing to throw good money after bad while backlogs pile up, applicants languish in massive lines or incarceration, and families endure the uncertainty of their future in the United States. I would like to ask Ms. Tsankov, Ms. Stevens, and Ms. Grisez, how would creating an article I court allow it to address the backlog of non-detained cases? If all of you have a response to that, that is great. If only a couple of you or one of you has a response, I am interested in it, please. Ms. Tsankov. I am happy to give it a go. Under an article I structure, that intense, politically driven docket shuffling, which furthers shifting priorities, and which change from one Administration to the next, that would be avoided. An independent court would enable the judges to ensure that they control their dockets and that court resources are prioritized. That goes for making sure there are enough interpreters, nimble and agile IT systems, appropriate staffing levels, and all those factors that we need to ensure that we have well-resourced courts that can address that backlog. Ms. Escobar. Thank you. Ms. Stevens? Ms. Stevens. Thank you for that question. The FBA believes that allowing the judges to control their own dockets, and other administrative efficiencies, will help decrease that. The most important thing is going to be increasing respect for the decisions and diminishing the number of times that an immigration judge has to look at the case by decreasing the number of appeals. Thank you. Ms. Escobar. Ms. Grisez? Ms. Grisez. Yes. One thing that I would say is that limiting the constantly changing priorities and creating separate dockets for separate populations, pushing other cases to the back burner, and moving judges from one docket to the other, and disrupting the reliability of prior rulings and causing cases to be revisited, would all improve the backlog situation. As we have heard before, cutting down on appeals and cutting down on motions to reopen, after some of these errors infect the trial-level proceedings, would be a big contribution to backlog reduction. Ms. Escobar. I appreciate that. I have only got about 40 seconds left. Ms. Tsankov, would making IJs and the BIA an article I court allow it to be more innovative? Ms. Tsankov. Absolutely. Once the judges and the board have control over their resources, they can be more nimble. They can purchase the types of resources that will enable them to efficiently manage their dockets. Ms. Escobar. Thank you so much. The point of these questions is to demonstrate that we don't have to keep throwing good money after bad. If we create these reforms, we actually can create a more efficient system, a fairer system, and deal with those backlogs that both parties--even my colleagues across the aisle--would like to solve. Thank you so much, Madam Chair. I yield back. Ms. Lofgren. Thank you. Now, I recognize the other gentlelady from Texas, Ms. Sheila Jackson Lee. Ms. Jackson Lee. Thank you very much, Madam Chair. I am traveling at this moment to the airport, but this is a very important hearing and I want to be able to speak accordingly on this very important issue, and to at least put my imprint on what I think is a continuing rising crisis, because people are speaking at each other, in particular, to those who believe that the greatest crisis in America is because people are fleeing oppression and want to seek a legal way of entering the United States. So, let me raise questions that I would appreciate succinctly if our Witnesses could answer. One, in terms of immigration court, what would that do to the level of proficiency and expertise? So, my question is about, would there be a superior level of understanding of immigration law and a broader capacity for discretion and/or compassion? Secondarily, venture to guess how many courts would we need to open, and would we need to focus on areas like the Southern District, which, as you know, is enormously bogged down in immigration cases? Would you prioritize in the court, or would there be a structure for asylum cases to be moved forward on humanitarian and legal grounds? I will start with those three questions, please, and how we would design the court. To Mimi Tsankov and Elizabeth and Karen, would you go forward, please, at this time? Certainly Judge Arthur. Would you go forward, please, with those questions? Ms. Tsankov. So, if I understood those multiple questions correctly, what you are trying to understand is, how can we ensure that the matters that are pending on our dockets are going to be addressed efficiently and with compassion. The question about compassion is one that I believe underscores every interaction by a judge with the parties appearing before them. There should never be a moment, no matter what the decision is that is being issued, that doesn't reflect the humanity that the judges know is at the core of our immigration system. The second part of your question is, how would you do that as a judge? How would you ensure that you are working on the cases in an effective manner? I believe that if you, as the judge, can control your docket, as an article I judge role would give you that ability to do, you can prioritize the cases in the manner that you think are going to meet the needs of your docket and those parties that are appearing before you. So, I do believe that that additional control that you would have as a judge would give you the power to achieve some of the goals that you are hoping to see in a new system. I would like to pass it along to my other colleagues as well. Ms. Stevens. Good afternoon, and thank you very much for those questions, Representative Jackson Lee. The FBA believes that moving the immigration courts to an article I system where judges have at least a 15-year term will recruit people into the system for adjudication that are more prepared to be immigration judges, that have a better background in immigration law, or in actually running a courtroom. We believe that it will help with better training and more focused training. We also believe that a court system will be far more agile in being able to open up new courts in areas that need an additional court or judges. That is part of the whole system that was created in our model bill and could easily be imported into any piece of legislation. Thank you. I accede to Ms. Grisez. Ms. Grisez. Thank you. Representative Jackson Lee, I would say there are a number of ways where the-- Ms. Jackson Lee. If you could talk about asylum cases as well. Thank you. Ms. Grisez. Yeah. A number of ways where the article I process would help, starting with the selection of judges, trying to develop a more diverse pool and not leaning as heavily as we historically have towards government lawyers, and in particular ICE prosecutors, the tenure, as Ms. Stevens talked about, is another important factor, and training. You can't exactly teach compassion, but you can teach opportunity to be heard and fairness and cultural competence. So, in all those ways, I think article I would help. Asylum prioritization, that is a question for the judges and their ability to control their docket, but I would mention again the ABA's recommendation that some asylum cases could and should be diverted to the affirmative asylum system as some of the children's cases are now, to reduce some of that workload that currently lands in the immigration court. Ms. Lofgren. The gentlelady's time has expired. We will turn now to Ms. Scanlon for her questions. Ms. Jackson Lee. Thank you. Ms. Scanlon. Thank you. Sorry. Doing this from the road. Well, before coming to Congress, I was pro-bono counsel for a large national law firm like Ms. Grisez, and so I spent decades working on immigration cases and with our immigration system. So, I know the system has been underfunded and dysfunctional for decades, but we have seen actions by particularly the most recent Administration, but by successive Administrations, that have politicized and further dismantled our immigration system and compounded the preexisting problems. Nowhere has that been more true than in efforts to eliminate due process protections and undermine the independence of our immigration courts. The Trump Department of Justice implemented rules to restrict immigration judges' independent authority, imposed very strict and most would say unreasonable case quotas, and circumvented hiring processes to appoint more partisan judges and took away cases from judges they felt were too sympathetic to immigrants appearing before them. Although the U.S. has always derived its moral authority and its international stature from being a Nation of laws, these efforts to constrain immigration judges really impacted their ability to apply the law and to ensure due process. Nowhere was this politicization more evident than when the Sessions Department of Justice intervened in a deportation base before an immigration judge in Philadelphia, which I represent. That judge ordered a short extension to ensure that a teenager who was facing deportation could be located and notified of his opportunity to have his day in court. The Sessions DOJ reassigned the case to a judge who promptly ordered deportation without ever locating the child or allowing him to present his case. So, while this may seem an extreme event, it is important that we insulate our legal proceedings from the corrosive effects of executive overreach. So, I am really concerned about how the article I proposal could help insulate our immigration courts from such politicization. Ms. Grisez, I know you have had a great deal of experience with the courts over time. Can you provide some examples of how this executive interference with judicial independence has impacted the immigration judges' ability to comply with the Rule of law and make impartial adjudications? Ms. Grisez. Well, thank you Representative Scanlon. One big place where I see this is in the need for speed, or a report that some of the Members may be aware of that was prepared by Appleseed some years ago called Assembly Line Injustice, right? The idea that you have to go quickly, quickly, quickly, evaluations based on case completion numbers, case processing times, and nobody is reviewing immigration judges on the quality of their decision-making or their reasoning. So, that is one big area. Another place where I would say the move to the article I would help would be in improving standards for what the immigration judges need to do in the conduct of their cases. I can say, not in cases I have represented but in cases I have witnessed, I read a transcript from someone seeking representation where the judge asked the respondent in proceedings, besides your name and so forth, ``Were your parents born in the United States?'' Then, the answer was no, and then moved to a deportation order. Then dictated a decision on the record that said, ``I conducted a full colloquy with the respondent about all available forms of relief.'' Okay. That just isn't right. Contrast it with the judge that I have seen when an unrepresented person asked for a continuance to get a lawyer, the judge taking plenty of time to make sure that unrepresented respondent knew that by taking that continuance and pursuing his right to counsel, he would lose the ability to get a work permit by stopping the clock. I think that a move to article I, more standardization in hiring and training, would help smooth that out and lead to more even, more predictable results. Ms. Scanlon. Thank you. I mean, we have certainly seen the gross disparities in results in terms of the percentage of folks who have asylum granted or not. Certainly it would be easy to meet your docket requirements if you say denying 90 or 91 percent of the claims in front of you--the national average is far below that--about 50 percent of people are granted, because they are actually illegal claims. Madam Chair, just before my time expires, I would seek unanimous consent to introduce into the record an article from The Philadelphia Inquirer dated August 1, 2018, entitled ``In Philly Immigration Court, a Judge is Replaced After Delaying Man's Deportation.'' Ms. Lofgren. Without objection, that is made a part of the record. [The information follows:] MS. SCANLON FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Scanlon. Thank you. I yield back. Ms. Lofgren. The gentlelady yields back. We have recognized all the Members who have had an opportunity to attend this hearing. I would like to ask unanimous consent to put statements from 24 organizations into the record. Without objection, that is so ordered. [The information follows:] MS. LOFGREN FOR THE RECORD ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Ms. Lofgren. I would like to note that we have 5 legislative days to submit additional written questions for the Witnesses or to submit additional material for the record, and that is without objection. I would like to thank, once again, each one of our Witnesses who presented testimony and who provided written testimony. A lot of people don't realize that Witnesses are volunteers, and they do this just to help the Congress find its way and to hear diverse points of view. So, we do appreciate each one of you taking the time to provide that information as well as all the Members who participated. Seeing no further business before the Committee, without objection, this hearing is now adjourned. [Whereupon, at 3:41 p.m., the Subcommittee was adjourned.] APPENDIX ======================================================================= [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]