Speech #1020121778

Mr. President. I am pleased to introduce today with Senator SIMPSON. the ranking member on the Senate Subcommittee on Immigration and Refugee Affairs. a bill which gives just compensation to immigration judges and members of the Board of Immigration Appeals. in recognition of their important contributions to the immigration adjudication process. These immigration judges play a vital role as executors of our Nations immigration legacy. as they often are the final abiters of the fate of those seeking to build their lives in America. This bill addresses the failure of Congress to include immigration judges under the Federal Employees Pay Comparability Act of 1990. which increased the pay scales for all administrative law judges. The pay disparity created by this legislation has made it difficult for the Executive Office of Immigration Review [EOIR] to hire and retain the best immigration judges. Already some of the most gifted and dedicated immigration judges have transferred out of EOIR and to other agencies such as the Social Security Administration. where they would be paid at a much higher rate. In a recent survey by the Administrative Conference of the United States. it was reported that out of approximately 174.240 enforcement cases heard by adjudicators of nine Federal agencies. including the Departments of Defense. Agriculture. Labor. and others. immigration judges presided over 152.400 cases. This breaks down to 71 immigration judges. each responsible for almost 2.500 cases. According to the report. the complexity of these proceedings. "* * * are akin to criminal proceedings * * *" and involve the understanding of "basic human rights and fundamental concepts of due process." At these proceedings. these judges decide whether or not an alien may be deported or excluded from entry into the United States. or whether an individual may be allowed to remain. Immigration judges possess a special competence that can be acquired only over time. They preside over an area of the law which has quickly grown in complexityimmigration. passport. and nationality casesmaking them specialists in this unique area of public service. Only last year. in the Immigration Act of 1990. Congress revised key aspects of the deportation process. thereby adding to the burden which these judges must shoulder. Immigration judges are selectively chosen based on years of judicial experience and knowledge of immigration law. The decisions made by these judges not only affect countless lives. but have a profound effect on our national immigration policy. Clearly. the responsibilities and duties of immigration judges are on an equal standing with that of administrative law judges. in terms of both their level of authority and complexity of issues adjudicated. Although this bill would not raise the salary levels for immigration judges to exactly that of administrative judges. it establishes a special pay scale which Is appropriate to the complex subject matter which they must master. I am confident that by correcting the current pay inequity system with just compensation. we will prevent the dangerous current trend of losing our most gifted and wellqualified immigration judges to other Federal agencies. Mr. President.