http://mobile.reuters.com/article/idUSKBN16H030
Julia Edwards Ainsley reports:
“The Department of Justice is deploying 50 judges to immigration detention facilities across the United States, according to two sources and a letter seen by Reuters and sent to judges on Thursday.
The department is also considering asking judges to sit from 6 a.m. to 10 p.m., split between two rotating shifts, to adjudicate more cases, the sources said. A notice about shift times was not included in the letter.
The Justice Department did not respond to a request for comment.”
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Thanks much to Zoe Tillman over at BuzzFeed News for bringing this article to my attention.
“Judges” working “shifts” on the “removal assembly line!” “Come on, man!” A “real” court would be strongly resisting this mockery of justice and due process.
But, because the U.S. Immigration Court is a “wholly owned subsidiary” of the Administration, EOIR leadership will likely “go along to get along” with a transparent scheme to railroad human beings in real danger back to the “death zone” of the Northern Triangle with “rubber stamp” justice. In other words, the Immigration Courts are considered by the Administration and the DOJ to be part of the “enforcement team,” rather than an independent due-process focused judiciary.
Scheduling early in the AM and late at night is likely to make it more difficult to get pro bono lawyers, witnesses, interpreters, etc. It isn’t just judges.
Also, some folks don’t function very well at those hours. Sounds sort of “gulag like” to me.
And, what about court clerks and other support staff? Additionally, by putting courts in out of the way detention locations and scheduling hearings at odd times, DOJ limits transparency. It’s harder for the press and other “outsiders” to observe.
Moreover, what happens to existing dockets of those IJs who “volunteer?” Reassigning 50 currently sitting Immigration Judges to the Southern Border on a rotating basis for one year would require the rescheduling of nearly 40,000 cases from their “home” dockets. Those cases, many already years old, are likely to be sent to the end of the docket, several years out. This is classic “aimless docket reshuffling” which increases backlogs and inhibits fairness and due process.
Finally, what’s going to happen to a “volunteer” Immigration Judge who takes due process seriously, slows down the cases so individuals can get lawyers, takes time for full presentation of the cases by both sides, and writes carefully reasoned decisions granting asylum or alternative forms of protection. Chances are they will be considered “unproductive,” “not with the program,” “not carrying their weight,” or “not committed to carrying out the Attorney General’s priorities” (yes, folks, Immigration Judges actually are given “performance ratings,” and one of the elements has to do with supporting “agency priorities”)? That’s likely to be “career limiting.”
Final question: How would you like to have your life determined by a judge working (for the “chief prosecutor”) under these conditions?
PWS
03/10/17