In Support of a Diverse and Independent Judiciary Statement on Judge Tabaddor
Iranian American Lawyers Association Statement on Judge Tabaddor
On August 12, 2014, United States Immigration Judge A. Ashley Tabaddor filed suit against the United States Department of Justice (DOJ), challenging an order mandating that Judge Tabaddor, a judge of Iranian descent who was appointed as an immigration judge in 2005, recuse herself from hearing all cases involving Iranian nationals. In the lawsuit, Tabaddor v. Holder, et al., Judge Tabaddor alleges violations of her right to free speech and freedom of association as protected under the First Amendment, and alleges that the DOJ’s recusal order is racially-motivated and facially discriminatory under Title VII of the Civil Rights Act of 1964. The Complaint underscores the discriminatory animus behind the DOJ’s blanket recusal order by noting that immigration judges of diverse ethnic and religious backgrounds have long been active in their respective communities without having been subject to similar sweeping recusal orders, and that the order violates the DOJ’s own policies on civic engagement and the free speech and associational rights of judges outside of their official capacity.
The Iranian American Lawyers Association stands with several other organizations, including the National Association of Immigration Judges, Asian Law Center, Bay Area Lawyers for Individual Freedom, as well as the Public Affairs Alliance of Iranian Americans and Iranian American Bar Association, in support of Judge Tabaddor’s lawsuit. The DOJ’s sweeping recusal order sets a dangerous precedent which undermines the independence of the judiciary. Judges are appointed to the United States Immigration Courts not based on ethnicity, national origin, or religion, but rather on individual merits, education, training, and experience, which qualify them to serve as judges. For the DOJ to unilaterally issue such a sweeping recusal order threatens the diversity and independence of the judicial branch of government, diminishes the long standing freedom of judges to speak, teach, and volunteer outside of their professional capacity, and further undermines the independence of judges in exercising their own recusal determinations in the manner contemplated in the laws enacted by Congress, on a case-by-case basis, and strips the judiciary of powers vested in the judicial branch. As legal professionals whose mission is to preserve, protect, and maintain the integrity of the legal profession, the Iranian American Lawyers Association regards this as a matter of public interest, as the DOJ’s actions raise serious concerns as to the future of a diverse and independent judiciary that is integral to the functioning of our justice system.
www.ialawyers.org or contact at: ialaLawyers@gmail.com
