Jean King Replaces James McHenry as Head of Immigration Courts : Immigration Law Blog

James McHenry, Director of the Govt Workplace of Immigration Overview (EOIR), who took workplace through the Trump administration, has stepped down from his function efficient January 31, 2021. This transfer comes because the Biden administration replaces high authorities officers. The EOIR, a sub-agency of the US Division of Justice, primarily conducts elimination proceedings of noncitizens and adjudicates appeals arising from such elimination proceedings.

James McHenry’s Background

Appointed because the appearing director of the EOIR in Could 2017, McHenry was appointed as director of the company on a everlasting foundation in January 2018. Beneath McHenry’s management, the immigration courts restricted the grant of asylum. McHenry and the Division of Homeland Safety issued a number of guidelines that had an influence on the noncitizen’s asylum eligibility.

McHenry confronted a lot criticism, as immigration advocates, attorneys, and even some immigration judges blamed him for the disruption of significant independence within the immigration courts. That is doable, because the immigration courts are part of the manager department. Its insurance policies are sometimes shadowed by political appointees, who embrace the legal professional basic. The legal professional basic can subject precedential choices that grow to be governing case regulation for essential immigration instances reminiscent of asylum and deportations. Additionally they possess the discretion to administratively shut instances or droop deportation proceedings for sure immigrants.

Jean King Appointed as EOIR Appearing Director

Jean King, who served because the chief administrative regulation decide, was appointed because the appearing director of the EOIR on the finish of January. She additionally served as the overall counsel of EOIR starting in September 2015. All all through her profession, she has held many pivotal positions within the EOIR, serving because the legal professional advisor of the Board of Immigration Appeals (BIA) – the Appellate Board of the Immigration Courts; director of operations of the BIA; and senior authorized advisor on the BIA.

Backlog within the U.S. Immigration Courts

The U.S. immigration courts are inundated with some 1.3 million pending instances, in response to knowledge launched by Syracuse College. The backlog of those instances has solely multiplied. In an try to raised the problem, President Biden has pledged to double the variety of immigration judges, workers, and interpreters to curtail the huge backlog.

In the US as a complete, there’s a sum of 1,290,766 immigration instances pending. Texas stands first amongst different states within the variety of instances pending.

To study extra about this weblog put up or when you’ve got some other immigration issues, please be happy to contact me at rglahoud@norris-law.com or (484) 544-0022.