The "judges" of the Executive Office for Immigration Review (EOIR) have been on a tear since the Obama Regime entered office, ever seeking their kritarchy over immigration law. New statistics out show that the discipline that the Bush Administration exercised over the EOIR through the Attorney General and the Board of Immigration Appeals (BIA) has ended as the Obama Regime assumed power. Something this blog has warned about and reported.
Yahoo News/Associated Press by Alicia Caldwell February 13, 2014
WASHINGTON (AP) — Nearly half of immigrants facing deportation from the U.S. are now winning their cases before an immigration judge, their highest success rate in more than 20 years, according to a new analysis of court data published Thursday.
The U.S. government has been losing more deportation cases each year since 2009, according to the Transaction Records Clearinghouse at Syracuse University, which collects and studies federal prosecution records.
It does not say how many deportation cases Immigration and Customs Enforcement, whose lawyers represent the government in immigration courts, successfully appealed to the Board of Immigration Appeals. The government can appeal immigration court rulings to the Board of Immigration Appeals, part of the Justice Department.
Since the start of the 2014 budget year in October, immigration judges ruled in favor of immigrants in about half of the 42,816 cases heard, TRAC reported. In 2013 the government won about 52 percent of cases.
It is clear that the failure of the Obama Regime to appeal deleterious rulings from the EOIR is emboldening the "judges" of the EOIR who have for long demanded promotion from executive branch administrative hearing officers of the Department of Justice to real judges of the judicial branch, with the power to set an immigration policy in opposition to that of Congress and the President. This is an unconstitutional usurpation by a group of bureaucrats charged by law not with making policy or enforcing rights, but merely examining an administrative finding by the executive branch for compliance with the law.
It appears though that the usurpation by the bureaucrats of the EOIR is supported by the Obama Regime, because, as Leninists, they only think and act on what is good for the revolution at the moment. They do not think on any other principles, which distinguishes the Obama Regime from the Jorge Bush Administration. The Bush Administration which shared a xenophilia for illegal aliens with the Obama Regime, but the Bush Administration also had a sense of the Constitution and, more importantly, the prerogatives of executive branch and the authority of the President within the executive branch. It made efforts at times to control the bureaucracy, sometimes succeeding, sometimes failing, such as when the bureaucrats in the Civil Rights Division waged a guerilla war on the Administrations enforcement priorities and when the State Department bureaucrats openly defied the President on assignments of personnel to staff diplomatic posts in Iraq. However, the Bush Administration was able to bring the EOIR under control by executive action to streamline the appeals process within the BIA. The administration gave marching orders and the BIA reigned in the EOIR, further discouraging outrageous decisions by individual "judges" and causing a political uprising by the immigration judge union that went nowhere quickly. The Bush Administration wanted to speak with one voice on immigration and did not let the bureaucrats create their own power center.
It appears that the Obama Regime is intent on just that, an independent power source in the bureaucracy dedicated to amnesty. A serious threat that any reform minded future administration will have to expend political capital to reign in.