A Presentation by Judge Rachel Ruane
Judge Rachel Ruane. (The Wesleyan Connection, Wesleyan University)
Immigration Committee member Marty Ruane is the very proud mother of immigration judge Rachel Ruane. It is through Marty that the committee was able to secure a program by Judge Ruane in December 2021. Judge Ruane was appointed to the immigration court in 2010 by then U.S. Attorney General Eric Holder. Prior to her appointment, she had served in both the Department of Homeland Security and the Department of Justice.
Judge Ruane began her remarks by indicating that she had requested permission to present to the Immigration Committee and was speaking in a personal capacity; her remarks were not provided on behalf of the Department of Justice. She gave an overview of the organization of the immigration courts and a “day in the life of a judge.”
The immigration courts are not part of the judicial branch of the government. Rather, they are part of the executive branch under the authority of the attorney general and the Department of Justice. Created in 1983, these courts constitute the DOJ’s Executive Office of Immigration Review and function independently of the Immigration and Naturalization Service. An immigration judge determines whether an immigrant has the right to remain in the United States or must be removed or deported from the United States. There are 535 immigration judges, 66 immigration courts, and 1.6 million cases currently pending.
Judge Ruane explained several types of cases adjudicated in immigration court:
- A noncitizen individual seeking asylum
- An individual convicted of a deportable offense
- An individual arrested at the border or port of entry
- An individual who may have entered without authorization or who has overstayed a visa
- An individual who may have entered the United States unlawfully
Knowing the buzz around detention, Judge Ruane offered the following: Detention may be imposed on a person who has committed a criminal action, in which case detention is mandatory, or on an individual who recently entered the country and is being detained by authorities. Detention facilities are operated by both the federal government and independent contractors. Judge Ruane indicated that most who enter the country illegally are not detained.
Judge Ruane took the attendees through the process of an immigration court’s proceedings. The court uses a document called a charging document in determining removal from the country. Regarding asylum seekers, she explained how the concept of credible fear is used to determine whether asylum is granted.
She then reviewed the appeals process, beginning with the Board of Immigration Appeals. This board has twenty-three judges for all cases. The Attorney General may also hear appeals. After the Board of Immigration Appeals, the individual may appeal to the Circuit Court of Appeals.
Proceedings in immigration court are not always transcribed, but they are recorded. Court decisions are published if the decision sets a precedent.
Judge Ruane’s week focuses on master calendar cases, individual merit cases, and cases involving detained juveniles. Generally, one day is spent on master calendar cases, one day on juvenile cases, and the remaining days on individual merit cases.
The information provided by Judge Ruane is invaluable to the Immigration Committee, and we are eternally grateful for her insight and the important work that she performs daily! We look forward to meeting with her in the future to learn more about our immigration courts.
—Sharon Jarrett and Mary Ann Lutz
