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[quote=Anonymous][quote=Anonymous]Every migrant should be able to enjoy his or her full constitutional rights.  If the courts are backed up, so be it.  They can stay as long as ut takes for them all to get due process. 
[/quote]

+1. And due process would take a lot less time if Trump would quit firing ALJs.

I’m going to assume many people on here just don’t understand the difference between ALJs and federal district and appellate Judges, and give you some actual information.   I’ve been though the ALJ hiring process and am listed for possible assignment (not for immigration, different agency). Selection is based solely on your score on a series of politics free merit based testing in two phases, plus your willingness to move to where a Judge is needed. Highest score willing to move to Arizona gets the gig.

The testing has two parts. First one is an at home for broad screening out of people who are clearly not qualified, and then two days of testing in DC if you screen through.  Testing includes knowledge of the relevant laws and regulations, logic testing, management principles, proctored writing samples, etc. Plus a structured interview (a panel, same questions for everyone, questions are largely being given a situation that could arise in Courtroom management or caseload management or interpersonally in an office setting and being asked how you would respond.  There are ZERO politics involved in ALJ selection, which is as I should be. In fact, you are warned at each stage that disclosing your political affiliation in the writing samples interview etc will disqualify you.  And once selected, ALJs are greater restricted Hatch Act— cannot put a political bumper sticker on your car, sign in your yard, donate to candidates or publicly discuss politics). If you score high enough, you are listed as eligible for appointment and come off the list in order of your total score.

ALJ appointment are actually very different than federal district and appellate Judges, where your political affiliation is known and is an important factor. This is very much not that.

These jobs require detailed expertise and a deep knowledge of highly technical law. And it takes several years to work up to managing a full caseload well. They only do the selection process every few years. Firing people just because they happened to have come off the list under a prior POTUS is ridiculous, and, yes, prevents case from moving efficiently.

Also, they may only test and list every 3-5 years. It is very possible (in fact, it’s likely)  that some “Biden appointed” ALJs actually tested and listed when Trump was POTUS.  It just depends on when the powers that be decide that the immigration ALJ list needed to be refreshed[/quote]

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