Ashcroft Changes to BIA: A Slap in the Face to Immigrants

Washington, D.C. – The Attorney General today issued a final regulation that will negatively impact how the Board of Immigration Appeals (BIA) functions by severely compromising due process and the independence of the immigration court system. These changes join others the Bush Administration has issued in the past year that fail to balance our enhanced security needs with this nation of immigrants’ Constitutional guarantees. As the highest administrative appeals body for immigrants that reviews decisions made by immigration judges and INS officials in individual cases, BIA members make decisions that ultimately can determine whether someone who has been persecuted and tortured for his beliefs will live or die and whether U.S. families will be united or divided.

“The BIA often is the court of last resort for the vast majority of people seeking review of decisions by immigration judges. It is vitally important that the BIA remain a robust and vigorous review body,” said Jeanne Butterfield, Executive Director of the American Immigration Lawyers Association (AILA). “It is troubling that the Bush Administration talks about reaching out to immigrants on the one hand, but pulls the appellate rug out from under them with the other.”

Despite voluminous comments from numerous organizations raising issues of critical concern, the final regulations are nearly identical to the regulations proposed last February, and go in the wrong direction. Immigration laws are incredibly complex and often unclear, Congressional intent is often ambiguous, and the INS itself frequently argues positions that courts later hold are contrary to congressional intent. Yet the Administration’s changes seem to assume that the appeals before the Board do not involve complex questions of law.

Ashcroft is the worst guy to be an ""Attorney Journal"... he has bad track record when it comes to racism etc. and he is the biggest racest. And one thing is more than clear that he hates immigrants...
Republicans are narrow minded and genearally anti-immigrants. Thats what bush administration is cleary elaborating.

Department of JUSTICE?! What a mockery! It should be renamed Dept. of INJUSTICE.

That this article means that nobody has the right to go to court if their files got denied by the INS ???????????????

thank you

Whether it is repiblican or democratic, The results are the same. President Clinton Blocked many immigrants out with the 96 laws, and President Bush's administration is even worse. Many immigrants who have lived here for a decade and more especially those who resided continually for the last 16 plus years, now have American children who will be voters soon. Let us watch this. Many of the laws are not in any way sstopping the terror. I do believe that God is watching, remember every sin under the heavens is committed here. Let us be extremely carefully. God will avenge us.

AC21, LIFE ACT and the increasing of H1B caps, all were signed by Clinton, did boosted immigrants' confident and lit a tiny candle light in the dark and sorrow immigration tunnel.

I believe Democrats will be the only hope for us all, and for the greatness of this lovely country.