Posted on 08/19/2019 6:51:50 AM PDT by Kaslin
The U.S. functionaries known as immigration judges are, in fact, employees of the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice (DOJ). The problem today is that they insist on being something well beyond that -- judges with zero accountability. This has put them squarely in conflict with the Trump administration.
Immigration judges are not independent, like real judges, but neutral, in that they do not represent the Department of Homeland Security (DHS), which brings cases to the EOIR. Aliens may not bring cases independently to the EOIR, but only in response to an action taken against them by DHS.
Immigration judges are executive branch employees, and are therefore subject to the supervision of the President of the United States or his appointees. Executive branch employees are supervised, reviewed, evaluated and managed by a numerous levels of management. No one in the executive branch exercises independent judgment that is not reviewed by another executive branch employee, including the president himself.
Immigration courts, unlike federal district and appeals courts, are part of the DOJ. The Attorney General (AG) has, therefore, the authority to act as an arbiter on legal questions affecting immigration proceedings. Immigration judges are first supervised by the Chief Immigration Judge, Deputy Chief Immigration Judges, and Assistant Chief Immigration Judges, as well as the AG, in both the exercises of their authority and administratively.
Most attorneys in the DOJ are not unionized (that is, represented by a bargaining unit in negotiating working conditions and disciplinary actions) because the nature of their work, including prosecuting and disciplining labor organizations, makes representation a conflict. In addition, immigration judges are employees involved in national security work (mostly related to aliens being removed who are terrorists).
(Excerpt) Read more at americanthinker.com ...
So Trump can have them fired if he wants?
I know he CANT micromanage everything but starting with the AG and the higher levels, getting people in who can replace them with judges that uphold the Constitution (what an outdated idea :) ) would be great.
bump
The entire concept of a federal justice system is terribly flawed. We all know that the president has no real control over the DOJ and judges are appointed, so good luck trying to impeach them.
We really need to take power away from the federal judicial system in general and for most cases especially those involving domestic issues the State should take the lead. In most cases, its a lot easier to get rid of judges at the State level; many are elected. If DOJ is over-reaching at the State level, the AG is responsible and can be voted out.
Until they start doing that, the people should support jury nullification and force the Feds to lose the cases that they want to win against regular citizens.
We-The-People judge the judicial system and all things government. When government violates USConstitution as seen thru the Declaration of Independence, We-The-People have the duty to re-establish lawful operation.
Jail is necessary for judges who decide cases without law or in violation of law which is correctly aligned with USConstitution.
Case law is not law. Legislator creates law. Executive executes law. Judicial judges cases in that law.
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