"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Immigration Judges Say New Quotas Undermine Independence
WASHINGTON —
The nation’s immigration court judges are anxious and stressed by a quota system implemented by Attorney General Jeff Sessions that pushes them to close 700 cases per year as a way to get rid of an immense backlog, the head of the judges’ union said Friday.
It means judges would have an average of about 2½ hours to complete cases — an impossible ask for complicated asylum matters that can include hundreds of pages of documents and hours of testimony, Judge Ashley Tabaddor said.
“This is an unprecedented act, which compromises the integrity of the court and undermines the decisional independence of immigration judges,” she said in a speech at the National Press Club, in her capacity as head of the union. Tabaddor said the backlog of 750,000 cases was created in part by government bureaucracy and a neglected immigration court system.
“Now, the same backlog is being used as a political tool to advance the current law enforcement policies,” she said.
Signature issue
Curbing immigration is a signature issue for the Trump administration, and the jobs of the nation’s more than 300 immigration judges are in the spotlight.
They decide whether someone has a legal basis to remain in the country while the government tries to deport them, including those seeking asylum. Tabaddor presides in Los Angeles, where she oversees 2,000 cases, including many involving juveniles.
The judges are employees of the Justice Department’s Executive Office for Immigration Review, which is overseen by the attorney general — unlike the criminal and civil justice systems where judges operate independently.
Immigration court judges have repeatedly asked for independence, and Tabaddor brought it up again Friday, calling the current structure a serious design flaw.
A Justice Department spokesman said the union has repeatedly tried to block common-sense reforms that would make the judges’ jobs better, and that the proper home for the courts is where they are right now, under DOJ.
FILE – The Arlington Immigration Court building in Arlington, Virginia. The courtrooms inside are plain, and cases are dispatched quickly, each one settled in five to 10 minutes. (A. Barros/VOA)
Earlier this year, the Justice Department sent a memo to immigration judges telling them they would need to clear at least 700 cases a year in order to receive a “satisfactory” rating on their performance evaluations. Sessions has pushed for faster rulings and issued a directive that prevents judges from administratively closing cases in an effort to decrease the backlog by 50 percent by 2020.
This month, he appointed 44 new judges, the largest class of immigration judges in U.S. history, and has pledged to hire more. He said in a speech to the judges that he wouldn’t apologize for asking them to perform “at a high level, efficiently and effectively.”
Tabaddor wouldn’t say whether the quotas were also putting pressure on judges to deport more people — not just decide cases faster.
“There’s certainly no question they’re under pressure to complete more cases faster,” she said. “I think I would just say listen to the attorney general’s remarks and you can decide what messaging is going to be sent.”
Asylum qualifications
Earlier this summer, Sessions tightened the restrictions on the types of cases that can qualify someone for asylum, making it harder for Central Americans who say they’re fleeing the threat of gangs, drug smugglers or domestic violence to pass even the first hurdle for securing U.S. protection.
Immigration lawyers say that’s meant more asylum seekers failing interviews with U.S. Citizenship and Immigration Services to establish credible fear of harm in their home countries. They also say that immigration judges are overwhelmingly signing off on those recommendations during appeals, effectively ending what could have been a yearslong asylum process almost before it’s begun.
President Donald Trump hasn’t been behind the move to bolster the roster of judges. “We shouldn’t be hiring judges by the thousands, as our ridiculous immigration laws demand, we should be changing our laws, building the Wall, hire Border Agents and Ice,” he said in a tweet in June, referring to Immigration and Customs Enforcement.
We need an Article I independent US Immigration Court now!
Congress seems to be tied up in knots. Will the Article IIIs step up and begin enforcing the Due Process clause of the Constitution?
The solutions — remand every case for a new hearing in which: 1) Jeff Sessions shall not be involved, and 2) all precedents issued by Jeff Sessions are considered null and void. Jeff Sessions shall, however, be allowed to appear and make arguments as the attorney for DHS.
The Immigration Court System is collapsing. The lives of hundreds of thousands are at risk. We need less talk and more action to enforce Due Process!
Some historical perspective: EOIR once illegally tried to bar Judge Tabaddor from hearing Iranian cases because she attended a reception with other prominent Iranian Americans! Compare that the with the overt, unethical anti-immigrant bias that Jeff Sessions spews out on a regular basis. His bias affects justice for every respondent appearing in Immigration Court.
Is 21st Century America going to permit “political show trials” every day in Immigration Court?
FILE – Farah Larrieux, an immigration activist shown in April at home in Miramar, Fla., is among at least 50,000 Haitians who could be deported with the loss of Temporary Protected Status. She predicted they might go into the shadows.
The U.S. Department of Homeland Security on Monday announced it has extended Haitian immigrants’ access to a program of humanitarian protection for six months.
At least 50,000 Haitian immigrants are registered for Temporary Protected Status (TPS), which permits them to live and work in the United States. TPS, offered in the wake of a deadly 2010 earthquake in Haiti, was set to expire July 23. It has been extended through January 22 – though some U.S. lawmakers, Haitian authorities and immigration advocates who’d sought a longer term expressed disappointment.
“Haiti has made progress across several fronts since the devastating earthquake,” DHS Secretary John Kelly said in a statement, adding that he was “proud of the role the United States has played during this time in helping Haitian friends.”
Kelly said the extension “should allow Haitian TPS recipients living in the United States time to attain travel documents and make other necessary arrangements for their ultimate departure from the United States, and should also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.”
Pierrot Mervilier hugs an unidentified girl whose family, covered by TPS, met with news media in Miami, May 22, 2017.
Haiti sought 1-year minimum
Haiti’s government had urged the United States to extend TPS “for at least another year,” its ambassador to the United States, Paul Altidor, told VOA earlier this month.
Altidor said the Caribbean country, while glad to welcome back “our brothers and sisters,” was not ready to absorb tens of thousands of returnees “overnight.”
Haiti “has not recovered entirely from the earthquake,” the ambassador said, noting that not all of the financial aid pledged by “many friends and countries around the world” had materialized. He also pointed out that his country had endured additional setbacks, such as a cholera epidemic and a crippling hurricane last October.
From Secretary Kelly’s statement, its appears that DHS intends to terminate Haitian TPS at the conclusion of this six month extension. That move is sure to be fraught with controversy. However, the law gives the Secretary complete, unreviewable discretion to make TPS decisions.
