The American Immigration Council filed a Freedom of Information Act (FOIA) lawsuit on behalf of the American Immigration Lawyers Association (AILA) seeking information about new hiring procedures for Board of Immigration Appeals (BIA) judges. AILA filed its request amidst growing concerns that the BIA has instituted hiring practices that favor judges with a record of ruling against immigrants.
Although Executive Office for Immigration Review (EOIR) conducted a search resulting in responsive records, the Department of justice’s Office of Information Policy (OIP) has delayed issuing them. The Council will now press for their release in court.
Given the crucial role that the BIA and its judges play in the immigration adjudicatory system, including the setting of precedent that can impact thousands of immigrants every year, the public has a right to know whether the fairness of these proceedings is compromised by politicized hiring.
