Sec. 8. Immigration court improvements

325 words·~1 min read·/bill/116/s/2113/is/section-8

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During fiscal year 2019, the Attorney General shall increase the total number of immigration judges to adjudicate pending cases and efficiently process future cases by not fewer than 75 judges. The Attorney General shall ensure that each immigration judge hired under this subsection is— highly qualified; and trained to conduct fair and impartial hearings in accordance with applicable due process requirements. In selecting immigration judges under this subsection, the Attorney General may not assign any preference to a candidate who has prior service in the Federal Government over a candidate who— has equivalent subject-matter expertise based on experience in a nonprofit, private practice, or academic setting; but does not have previous Federal service.

During fiscal year 2019, the Attorney General shall— increase the total number of judicial law clerks for the Executive Office for Immigration Review by 75; and increase the total number of support staff for immigration judges, including legal assistants and interpreters, by 300. The Attorney General shall ensure that the Executive Office for Immigration Review has sufficient support staff, adequate technological and security resources, and appropriate facilities to conduct the immigration proceedings required under Federal law.

Amounts appropriated for the Executive Office for Immigration Review or for any other division, activity, or function of the Department of Justice may not be used to implement numeric judicial performance standards or other standards that could negatively impact the fair administration of justice by the immigration courts. Notwithstanding any opposition from the Secretary of Homeland Security or the Attorney General, immigration judges may administratively close cases, and the Board of Immigration Appeals may remand cases for administrative closure, if an individual in removal proceedings— appears to be prima facie eligible for a visa or any other immigration benefit; and has a pending application for such benefit before U.S.

Citizenship and Immigration Services or any other applicable Federal agency. There are authorized to be appropriated such sums as may be necessary to carry out this section.