IRLI Files Brief Supporting AG Jeff Sessions’ Threatened Enforcement of Disciplinary Court Rule agai
Protecting the rule of law and the integrity of our immigration courts
(Washington, D.C.) - Yesterday, the Immigration Reform Law Institute (IRLI) filed an amicus curiae brief (attached here) in the U.S. District Court for the Western District of Washington in support of Attorney General Jeff Sessions, who is being sued by the controversial open borders nonprofit Northwest Immigrant Rights Project (NWIRP). NWIRP has sued AG Sessions for threatening by letter to enforce an immigration court rule that imposes sanctions on nonprofit attorneys who have prepared legal documents for aliens but have failed to enter an official appearance as counsel and sign the documents.
The rule, which was enacted in 2008, exists to discourage ghostwriting. As AG Sessions has asserted, "ghostwriting causes confusion regarding representation," "allows attorneys to evade responsibility and accountability for their arguments presented to a court," "prevents immigration judges and the Board [of Immigration Appeals] from examining the arguments presented by the parties via oral arguments," "facilitates the unauthorized practice of law by notarios," and "makes it more difficult for immigrant respondents to lodge ineffective assistance claims and preserve relief."
In its lawsuit, NWIRP claims, among other things, that the rule violates its First Amendment rights. In its brief filed yesterday, IRLI points out that federal district courts - including the Western District of Washington - have this same rule against limited representation. Since the Western District's rule does not violate the First Amendment, IRLI argues, neither does the bar on limited representation in immigrations courts.
This is not NWIRP's first run-in with disciplinary issues before the nation's immigration courts. IRLI recently released a Department of Justice disciplinary letter of reprimand against an NWIRP attorney for filing multiple briefs on behalf of NWIRP that engaged in derogatory name-calling against IRLI's parent organization the Federation for American Immigration Reform. The letter called the attacks unprofessional and frivolous behavior that abused the briefing process and failed to aid the administration of justice.
Dale L. Wilcox, IRLI's Executive Director, commented, "NWIRP routinely ghostwrites documents for aliens in immigration legal proceedings, which is clearly unlawful to do. This practice undermines the integrity of our immigration system and should be penalized to the fullest extent of the law." Wilcox continued, "The lawsuit against AG Sessions should be dismissed as the AG is authorized to establish procedural and disciplinary court rules to enforce the Immigration and Nationality Act, and the rule at issue does not violate any constitutional or statutory provision."
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