SAN DIEGO (KGTV) — The Department of Justice announced on Wednesday that it will allow temporary judges without immigration law experience to hear immigration cases, a move that could potentially significantly impact deportation proceedings nationwide.
The policy change comes as more than 100 immigration judges have either been fired or have voluntarily resigned since Inauguration Day. The announcement also coincides with ongoing detentions happening in court hallways after immigration proceedings.
The selection of these temporary judges still would require approval from the attorney general.
Jacob Sapochnick, a San Diego-based attorney with over 10 years of experience in immigration law, said the change raises serious concerns about the complexity of immigration proceedings.
"What it does is allow attorneys that have no experience in immigration, no background, how complex the system is to make a decision about somebody's future in the U.S.," Sapochnick said.
Sapochnick compared immigration law to the U.S. tax code in terms of complexity, noting the intricate web of regulations judges must navigate.
"We have statutes, we have the Immigration Nationality Act, we have case law. It's very, very complex," Sapochnick said.
Previously, immigration judges were required to meet specific qualifications before overseeing cases.
"Typically immigration judges are former appellate judges. They are former government employees that were in the system, former judges or immigration attorneys with 10 years' experience minimum," Sapochnick said.
The immigration attorney expressed concern that judges unfamiliar with immigration law may struggle to understand complex legal arguments presented in court.
"I can argue all the arguments in the world. If the judge doesn't understand it, why would they agree with my arguments?" Sapochnick said.
The DOJ said in its announcement that officials believe the move will help resolve more cases "in a timely and impartial manner."
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