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After having a chance to take a step back from the report today and reflect on the past year, I need to say this: EOIR Director James McHenry is a disgrace to the America people, the judges he oversees, the respondents he is responsible for, and the attorneys in his courts. /1
He has been openly hostile to concerns about massive data management failings at his agency, grossly mismanaged his agency's response to the pandemic, created a chaotic system of court closures, contributed to illness/death due to COVID-19, and ... 2/
... flagrantly misrepresented his agency's data just to pass petty policies that do nothing to contribute to the integrity and efficiency of the courts, but instead further erode the already dismal level of due process in the courts. 3/
To be clear, this is not partisan. Based on history, I don't automatically trust one party over another to do the right thing on immigration. But this is McHenry's agency right now, so he bears responsibility for his failure of duty. 4/
Some may say that we shouldn't expect more from the EOIR, that to my criticisms of McHenry basically "boys will be boys." I disagree. I am not so cynical nor so apathetic as to ignore or rationalize away the disservice McHenry is to the people under his influence. 5/
I did not enter into this work with the intent to criticize federal agency heads. But in my personal capacity as a citizen, as a veteran, and as an immigration researcher, I feel that McHenry's political spin on reality and lack of integrity needs to be in the historical record.
