http://thehill.com/opinion/immigration/364839-like-it-or-hate-it-trumps-immigration-enforcement-program-is-failing
Nolan writes:
“The Department of Homeland Security (DHS) has released its FY2017 immigration enforcement report. It indicates that President Trump has reduced the number of illegal border crossings, but it shows no progress at all on reducing the number of undocumented aliens who are in the United States already.
An immigration court backlog crisis is making it extremely difficult for him to move new cases through removal proceedings.
. . . .
Trump’s internal removal statistics show an average of 7,637 removals a month over an eight-month period. If he maintains this rate, he will remove approximately 91,644 undocumented aliens a year from the interior of the country, which would only be 366,564 removals by the end of his term in office.
That isn’t even enough to keep up with the number of aliens that become a part of the undocumented population in a single year as overstays. According to the Fiscal Year 2016 Entry/Exit Overstay Report, 739,478 aliens who entered the United States in FY2016 on temporary nonimmigrant visas did not leave at the end of their authorized period of stay.
According to the Pew Research Center, the undocumented immigrant population in 2015 was 11.3 million, and I think the actual number is much larger. I explain why in my analysis of PEW’s methods for making such estimates.
The backlog crisis.
At a Center for Immigration Studies panel discussion on the immigration court backlog, Immigration Judge Larry Burman said, “I cannot give you a merits hearing on my docket unless I take another case off. My docket is full through 2020, and I was instructed by my assistant chief immigration judge not to set any cases past 2020.”
This is going to get much worse.”
***********************************
Congratulations, Nolan, on your milestone! I know that writing 50 published articles is a monumental achievement and contribution to the immigration dialogue. Thanks for sharing your analysis with all!
Read Nolan’s complete article (with charts that I omitted) at the link.
PWS
12-14-17
Link to my 50 articles that were published on The Hill.
http://thehill.com/search/site/Nolan%20Rappaport
Thanks for providing this! Thanks again for all of your contributions, Nolan, and for all of the interesting articles that you forward! I really appreciate it.
All the best,
P
I agree with you Gus! That’s why I’ve been preaching that Democrats and whatever “decent” Republicans might remain must stand together on DHS’s funding and oversight:
NO ADDITIONAL ENFORCEMENT AGENTS;
NO MORE DETENTION FUNDING;
unless and until enforcement priorities are realigned with rationality, humanity, and America’s best interests, and those responsible for allowing the current abuses in the immigration detention system are held accountable for their conduct.
The current enforcement program is wasteful and not in accordance with our short or long term national interests. No, they aren’t just “enforcing the law!” “Jim Crow” laws (which is what our immigration system has come to resemble under Trump and the GOP) remained “on the books” long after enforcement was halted.
I doubt that the current “Gonzo” immigration enforcement program would be favored by most Americans if they knew what was REALLY happening. It’s a “sop” to White Nationalists, racists, and restrictionists. And, it a MONUMENTAL waste of taxpayer money. We’re actually paying folks to inflict harm on law-abiding residents, abuse our children, diminish America, destroy our future, and tarnish our image on the international stage. What sense does that make?
There are ways to stop it. The “real” courts might (or might not be) one. I’ve noticed that the more”Gonzo” immigration enforcement gets, the more it moves beyond the “BIA Appeal/Petition for Review” process in the U.S. Circuit Courts and into the quite different realm of U.S. District Judges.
There are more District Judges out there than Circuit Judges, and each has a little different take on “due process.” They also are not used to being “pushed around” and “dissed” like the DHS and DOJ often do to U.S. Immigration Judges and BIA Appellate Judges (because they aren’t “real judges”). “Rule my way or I’ll report you to the boss” doesn’t work so well in the Article IIIs!
Many, perhaps most, USDJs are ABSOLUTELY APPALLED when they see for the first time the travesties that are being passed off as “justice” in the world of immigration enforcement, the disingenuous, borderline fraudulent arguments that the Sessions DOJ is making to defend the indefensible, and their “in your face” unwillingness to make sensible accommodations as litigation progresses.
Trump and Session might well prevail in some of these cases before the Circuits or the Supremes (although by no means is this a “slam dunk”). But, even those appellate courts who might initially rule in Trump’s favor will get tired of of having “Wolf” cried too often and being dissed and trashed by the “Trumpsters.”
Reminds me of when the BIA en banc, egged on by our good friend and former colleague Judge Jerry Hurwitz, was determined to intervene in favor of the INS on virtually every “Panel Four” case that came out in favor of the respondent. Finally, after months, hours of fairly acrimonious en bancs, and many precedent decisions with sharp dissents (some of which eventually were adopted by the specifically or de facto by the Circuits) the majority got “bored” with the process and started leaving the panel results in place. And, guess what, Hurwitz stopped asking for en banc review of each of his dissents and even went along or dissented w/o opinion in some cases.
But, if noting else, having to go through the USDCs and deal with “real, independent” judges will slow down the “Deportation Express” until we eventually get the needed “regime change” at the ballot box.
And as the Democrats regain political power (thanks to a large degree to the grotesque excesses of Trump, Sessions, Miller, Pruitt, Zinke, DeVoss, “Munchkin,” McConnell, Ryan and the rest of the corrupt and unqualified bunch) they will be in a position to block funds from going for “Gonzo” enforcement, useless walls, the American Gulag, the American Gestopo within DHS, etc.
Our day will come; the villains will be cast out; and due process, fairness, the Constitution, and humane values will be restored to our land! And, there will eventually be an independent U.S. Immigration Court. THE NEW DUE PROCESS ARMY WILL PREVAIL!
Best,
PWS
The purpose of Immigration law is to manage immigration, just like the purpose of traffic laws is to manage traffic, not prevent it. Trump’s anti-immigrant jihad will fail for the same reason every anti-American movement in the USA eventually fails. It’s ANTI-AMERICAN.
2017, when the USA median age is 56 years old and rising because we baby boomers are reaching our lives last quarter, deporting the New Americans makes as much sense as draining your gas tank just as you reach a long road of desert ahead. It reminds me of the slogan: “The Beatings Will Continue Until Morale Improves”.
Paul says, “I agree with you Gus! That’s why I’ve been preaching that Democrats and whatever “decent” Republicans might remain must stand together on DHS’s funding and oversight:
NO ADDITIONAL ENFORCEMENT AGENTS; NO MORE DETENTION FUNDING; unless and until enforcement priorities are realigned with rationality, humanity, and America’s best interests, and those responsible for allowing the current abuses in the immigration detention system are held accountable for their conduct.”
I don’t understand. Are you asking for a new provision in the INA to permit aliens to enter without inspection? And maybe one to permit nonimmigrant visitors to overstay? Or do you just want a waiver for every alien in the United States who has already entered without inspection or overstayed? How else can realigning enforcement priorities provide the kind of result you are seeking?
Paul says, “The current enforcement program is wasteful and not in accordance with our short or long term national interests. No, they aren’t just “enforcing the law!” “Jim Crow” laws (which is what our immigration system has come to resemble under Trump and the GOP) remained “on the books” long after enforcement was halted.”
What is wrong with enforcing the provisions that make entry without inspection or being an overstay deportable offenses?
Paul says, “Our day will come; the villains will be cast out; and due process, fairness, the Constitution, and humane values will be restored to our land! And, there will eventually be an independent U.S. Immigration Court. THE NEW DUE PROCESS ARMY WILL PREVAIL!”
We have a 650,000-case immigration court backlog now. Do you have a proposal for increasing due process that wouldn’t make the backlog grow even larger? Or are you okay with several year waits for hearings?
Nolan says: “What is wrong with enforcing the provisions that make entry without inspection or being an overstay deportable offenses?… Not the “national interest.” That is established by the elected representatives in a democracy. You are talking about what YOU think is in the national interest.” Oh Really?
Typical xenophobic rant. “The “national interest” is not whatever a small coterie of powerful bigot legialators manage to slip into another bill at the last minute like IIRIRA (9/30/96 govt funding bill) or AEDPA (anti-terrorism bill) just after the Oklahoma City bombing Bill Clinton was desperate to sign to ensure his reelection.
And Democracy is not designating a government official in charge and then giving that official unbridled discretion. Democracy, specifically American Democracy, requires an alert and vigilant electorate that keeps informed, resists authorities overreaching and votes accordingly.
The gist of defending Trump’s Travel Bans 1.0 and 2.0. is repeating ad nauseum “INA section 212(f) says….” No concern for why Trump originally said was its intent. Or whether it fits with other laws. Constitutional law? Conflict of Laws rules? As Trump’s Steve Miller who wrote Travel Bans 1.0 and 2.0 explained: “You cannot question the President”. Or as Rudolf Hess explained in his “Führer-Prinzips”(Führer-Principle): whatever the “Führer” does is legal because he is the Führer and personifies the nation. See http://holocaustonline.org/nazis-nazism/cult-of-personality-the-fuhrer-principle/
This Steve Miller, BTW, is not the “Fly Like and Eagle” guitar guy. This Steve Miller is Goebbel’s doppelganger. Miller was Jeff Sessions anti-immigrant aide. See Joseph Goebbels at http://alphahistory.com/nazigermany/wp-content/uploads/2012/06/1926.jpg (Goebbels) compare Miller at
#404_is_fine
A Democracy that allows a majority to legislate against the least powerful soon declines and becomes a Kakistocracy (government by the least qualified and least scrupulous). De Tocqueville in his classic 1830s “Democracy in America” warned us against it. calling it “The Tyranny of the Majority”.
And we learn about this Kakistocracy in the first day of class if you’re a Political Science major, and study the “Trial of Socrates”. How powerful Athenians eliminated Socrates and his continued criticism of those in power by forcing him to drink hemlock. After a “democratic” vote, of course. Typical of those who think making all people obey the law is the purpose of government.
Nolan once described it as “the government decides, the people are bound, and the laws are enforced strictly”. Gotta hand it to him, he writes very well. That’s the most succinct (12 words) description of a “Po;ice State”, and what millions of American soldiers have fought to prevent with many thousands dying.
Comes from not understanding that the real purpose of government is to serve the people (not their whims) using the law as a tool. American Democracy with its many safeguards for minority rights protects us against arbitrary government officials. E Pluribus Unum, etc., because as Lincoln explained at Gettysburg , unlike most countries, we were created based on the proposition: “we hold these truths to be self-evident…all men are created equal”.
Look at Nolan’s replies. Full of red herrings and straw man arguments, i.e. “What is wrong with enforcing the provisions that make entry without inspection or being an overstay deportable offenses?”. Nobody is talking about changing the term “deportable”-only about whether to deport these “deportables” and recognize that many now are “Americans” at a time of deepening USA labor shortages precisely where these deportables work.
Or by putting words in your mouth “why aren’t you saying that you are happy that his enforcement program is failing”. Quite insulting to those of us who put in the extra hours we put in trying to maintain due process standards in conditions best illustrated by Lucy in the Chocolate Factory. watch at https://www.youtube.com/watch?v=8NPzLBSBzPI So much easier to just sign every deportation order and let the federal courts sort them out.
Paul and I only draw “I told you so” glee from watching another inept crew fail at screwing up a simple 2-car funeral caravan.Too many illegals? Solution: Make many of them legal.
Real Problem: Continuing to see immigrants as a contagion to deter through strict enforcement coupled with byzantine inscrutable traps closing immigrants alternatives for legalization: “stop-time”; “aggravated felonies” which are not even felonies but nonetheless preclude relief. All using (abusing?) incorporation by reference as a legislative tool for the new laws to obfuscate their substance from public scrutiny.
The latest straw man is chain migration. “Anchor Babies”, “immigration tourism”, “amnesty” etc., relate as if these words were self-referencing disasters to avoid. Many of us agree family based immigration may have outlived its usefulness when brothers no longer come to help with the family farm. But brothers do still come to help run the family business, open subsidiaries, motel chains, restaurants, etc. Let’s consider the facts first and make decisions later. not like the “Red Queen”.
Ending “chain migration” because we have too many Americans is ludicrous. “Chain migration” is just another word for family reunification recognizing one of the primary reasons families come to the US for a better life. And ending it because the new Americans look different is inherently racist.
The latest RAISE bill is just that. Halves the number of immigrants and gives preference to immigrants who already speak English, ahead of other immigrants who speak other American languages already.
And what 2017 Dystopia requires discarding American Democracy and our precious Constitution after almost 230 years (since 1789 not 1776). Different immigrants? Darker? Don’t Speak English before coming here? Other Religions?
Sounds familiar. Who said stuff that before? The most aptly self-named political group in US History rings a bell: “Know Nothings”. Ironically the section 212(f) of the 1952 INA Act used for the Travel Bans Nolan defends was meant to stop the growing Jewish wave of immigrants after WWII and the Holocaust.
And what do these comments have to do with my article, which is about the fact that Trump’s enforcement program is failing? For that matter, why aren’t you saying that you are happy that his enforcement program is failing instead of going off on a tangent and never mentioning the failure?
No. Stop the Gonzo enforcement!
Legalize most of the law abiding folks here. The, start over with a reasonable law that lets in the number of migrants we really need (multiples of current numbers). A law that reflects reality and market forces will put most folks in the legal system and make it easier to identify and remove those who really shouldn’t be coming! At that point, you could have rational enforcement. You would also be able to move cases through Immigration court in a resonable manner.
The artificially caused court backlog could be largely eliminated right now just by removing most of the cases, which involve folk whose forced removal serves no national interest, from the docket and concentrating on those who are real threats to the US or whose cases can’t be resolved in some manner by DHS (including a much broader and more responsible use of PD). The Administration needs to get behind a large-scale legalization program of some type. It’s the only possible solution.
The Immigration Courts should be on a one to two year max “hearing cycle” for non-detained cases. That requires the DHS to put ONLY those cases in the system each year that can reasonably be heard in that cycle.
In other words, the DHS must operate like every other law enforcement agency and prosecutor’s office in the U.S. by limiting new filings to the number of cases that can actually be processed by the courts in a fair and reasonable cycle, ensuring due process, and developing creative uses of PD, settlements, and stipulations to resolve the “lesser priority” cases.
That’s essentially how our whole criminal and civil justice systems work. DHS arrogantly thinks they are “different” (and the Trumpsters reinforce this distorted view) but they aren’t. They have to live within reality and practicality just like everyone else.
The folks who come to the border and have credible fear should be paroled for hearings unless they are criminals. I did’t even get into how this Administration violates the laws by not allowing individuals to apply for asylum at ports of entry.
I think that DHS actually has more than enough agents to do all the enforcement actually needed to advance the national interest under current law. They need to work on hiring, training, and properly managing and using the resources they currently have. Then if they can demonstrate a real need for more, which I doubt, Congress can grant it.
The fact that they have enough extra manpower to chase kids, terrorize communities, and throw more working America residents into Removal Proceedings shows that DHS Enforcement has “time on their hands.” Work on criminals, smugglers, traffickers, fraudsters, and real security risks. DHS has always been much better at the “low hanging fruit” than addressing real law enforcement issues. That’s why they like “Gonzo enforcement” — it’s a smokescreen for their weakness in the area of REAL, disciplined, professional law enforcement.
I say it over and over because it’s absolutely true: at the end of the day, one way or another, realistic market forces on both sides of the border will drive human migration, as it has throughout history. It’s totally arrogant for us to think otherwise.
We can either “get with the program,” harness the fantastic positive power of increased legal immigration of all types, or, as we have been doing to date, futilely try to resist the market and drive folks underground.
But, we won’t stop them from coming if the markets demand it and things are worse where they are now, unless we destroy our own economy (something that the idiots in the Trump Administration, and their enablers, admittedly, are perfectly capable of).
Ruining our economy will, ironically, solve the so-called “immigration problem.” Nobody will want to come, and we will stagnate and then decline. Eventually, the next Putin will come in and run us as the Third World Dictatorship that Trump, his White Nationalist cronies, and his clueless supporters so eagerly seek to create. But, it doesn’t HAVE to be that way if we “Just Say NO” to the Trumpsters and throw them out of office through the legal means currently available.
PWS
PWS
12-15-17
Paul says, “No. Stop the Gonzo enforcement!”
What Gonzo enforcement? As I explain in my article, Trump is deporting fewer aliens than Obama overall. He has increased interior enforcement by 37%, but 92% of Trump’s interior enforcement deportations are of criminal aliens (not in the article), which is the same percentage that Obama had. Gonzo enforcement doesn’t exist. It’s just more of the same old same old.
Paul says, “Legalize most of the law abiding folks here. The, start over with a reasonable law that lets in the number of migrants we really need (multiples of current numbers). A law that reflects reality and market forces will put most folks in the legal system and make it easier to identify and remove those who really shouldn’t be coming! At that point, you could have rational enforcement. You would also be able to move cases through Immigration court in a resonable manner.”
That’s what you want, but it’s not what our elected representatives want; certainly it does not reflect the provisions in the INA that they wrote and previous presidents signed into law. You apparently aren’t happy with a government of elected representatives. What alternative are you suggesting? A benevolent dictatorship making the most liberal politician you can find the dictator?
Paul says, “The artificially caused court backlog could be largely eliminated right now just by removing most of tghe cases, which involve folk whose forced removal serves no national interest, off the docket and concentrating on those who are real threats to the US or whose cases can’t be resolved in some manner by DHS (including a much broader and more responsible use of PD). The Administration needs to get behind a large-scale legalization program of some type. It’s the only possible solution.”
And if you do this, will aliens who enter without inspection or overstay in the future be deported? Or do you plan on ignoring them until they become a large enough group to warrant demanding another legalization program?
Paul says, “The Immigration Courts should be on a one to two year max “hearing cycle” for non-detained cases. That requires the DHS to put only those cases in the system each year that can reasonably be heard in that cycle.”
And what do you do with the rest of the cases?
Paul says, “The folks who come to the border and have credible fear should be paroled for hearings unless they are criminals. I did’t even get into how this Administration violates the laws by not allowing individuals to apply for asylum at ports of entry.”
And with the current 650,000 case backlog, when would their cases be heard?
Paul says, “I think that DHS actually has more than enough agents to do all the enforcement actually needed to advance the national interest”
Not the “national interest.” That is established by the elected representatives in a democracy. You are talking about what YOU think is in the national interest.
I’ll tell you what is going to happen. The immigration court backlog will get so large that Trump will use expedited removal proceedings to clear it. In fact, I have written an article in which I explain why I think that is going to happen.
Our immigration courts are drowning, expedited removal can bring relief (November 13, 2017), http://thehill.com/opinion/immigration/360139-our-immigration-courts-are-drowning-expedited-removal-can-bring-relief
And as far as Nolan’s “I’ll tell you what is going to happen”. What’s really going to happen is that most of the undocumented Americans will live here the rest of their lives, and eventually get legal status after the rapidly declining virulent Trumpites lose to the new Americans, as always. Their American children will loathe Trump’s memory. Demographics is Humanity’s version of compound interest which Einstein describes as “the most powerful force in the Universe.
I agree.
We’re not removing the 11 million! Only causing unnecessary pain and suffering, and embarrassing ourselves. That’s part of Trump’s BIG RACIST LIE.
And, it’s arrogant, offensive, and stupid to think that 1) none of the U.S.citizen kids of the 11 million will ever become “movers and shakers” in our economy and society (almost all of them eventually will be far more qualified than Trump to be President); and 2) they won’t remember and be influenced by the gratuitous cruelty and and unnecessary harm being heaped on them and their parents by the Trump-Sessions-Homan-Bannon-Miller crowd and their tone-deaf supporters.. I can only hope for the sake of my grandchildren that the kids of the 11 million will show a kindness, mercy, and humanity when they come into power that the White Nationalist Trumpists have denied them.
It’s beyond idiotic to mistreat and make enemies of your own youth — to squander our most valuable resource! That’s a very simple proposition; hard to see why so many don’t “get” it. No country that abuses children can survive and prosper in the long run.
We need to cut the xenophobic, racist BS about enforcing the “immigration laws on the books.” Remove criminals, security risks, and those who are arriving at the border without documents OR credible fear, properly and generously interpreted (“facially plausible claim for protection that might succeed with development”). Stop wasting the time of the justice system on cases that should not be brought.
Find a way to allow the vast majority of law abiding, productive individuals within the 11 million to remain in some type of legal status. Replace our antiquated immigration laws with REAL reform that that ends the “black market” for underground labor and allows those whose presence meets realistic market needs to be screened and come legally. THAT, not the GOP White Nationalist restrictionist (“end chain migration”) nonsense is what is going to sharply reduce illegal migration, put human smugglers out of business, and allow America to prosper and mov e forward as what it always has been (but sometimes refuses to admit) — a DIVERSE nation of IMMIGRANTS!
Chain migration is “American Migration” that makes us great. As shown in Trump’s clownish, racist, and off the wall speech on “national security” today, it’s Trump and today’s GOP that are the REAL threats to our national security.
The rest of the world is laughing at a once-great nation that has so degraded itself as to elect a “Clown Price Idiot” like Trump as its leader. As pointed out be James Clapper, Putin the wily KGB agent is playing Idiot Trump and and the greed-obsessed GOP like a violin. But, there is nothing funny about watching the deterioration of a once great nation at the hands of Putin, China, and even North Korea.
Trump and the corrupt GOP can be removed from power by using the system. Let’s just hope 1) that it happens, and 2) we’re not to late to save our country.
It’s interesting that two retired immigration judges are contending that immigration law should be disregarded. I wonder what they would have said when they were hearing cases if an alien has contended that he should not be deported and based his contention on the arguments they have presented in these comments.
Again, I repeat. Neither Paul or I are saying “immigration law should be disregarded”. We just don’t see when Congress changed the meaning of the word “deportable” into “mandatorily deported” regardless of other laws, specially the US Constitution, a/k/a “being politically correct”.
And PWS just pointed out that INS Section 208 specifically requires us to allow individuals to apply for asylum at ports of entry.” Who doesn’t want to enforce the law?
As I see it, Paul and I are still fulfilling our oaths to protect the US Constitution “against all enemies foreign and domestic”. Especially the latter.
Face it. Some public servants understood that Congress purposely amended US immigration laws since the 1980 Refugee Act, to inject more Freedom Lovers into our Nation. Others didn’t. Good public servants duly learned the new rules for bringing into the American nation those who understood through personal experience our precious Freedom, how easy it is to lose it, and how it hurts.
Others decided that injecting more freedom lovers into the national soul was at best an act of compassion, unwise under present circumstances. Fill the blanks for your favorite dystopia. People who see immigrants as a contagion do so because people who know differently and risk everything for a better future are inherently disruptive.
Who needs more of that? Uppity Untermensch! As Pogo said “we have met the enemy and it is us”. Remember when we had to remove that jaw lantern guy named Steve as BIA staff attorney for his repeated anti-immigrant rants? Fortunately he was still in his first year probation period. Perhaps it was after PWS left BIA in 2003.
Always rationalizing that Congress really did not mean to protect all persons who came to the USA, and applied for relief under INA section 208, based on a well founded fear of persecution on account of race, religion nationality, membership in a particular social group of political opinion.
Typical Trumpian Triumph of the Will over Truth, and its Consequences. And now the Trumpians accuse us of some nefarious “not enforce the law” when we point out the law says “deportable”, not “shall be summarily deported”.
Chronologically Trump prioritized hate for Mexicans, Muslims, uppity women, outspoken minorities, immigrants, etc. Did I mention he particularly hates any combination of 2+ above? As he ran out of easy targets Trump still travels his Target a Minority/ Elect a Child Molester Minstrel Show. But Ethnic Cleansing remains his top skit, specially now that his #1 “Lock Her Up” rally cheerleader works for Muller.
And there is a “special place” in Trumpian Hell (paraphrasing Ivanka) for those who remember that also chronologically, the GOP of Lincoln, Teddy, Ike, Reagan and the 2 Bushes once stood for Emancipation, Liberation and Legalization.
Not Ethnic Cleansing, like President Andrew Jackson, whose portrait Trump just moved into “his” oval office for inspiration. Just after his fascist face was to be removed from the $20 bill. Some say Trump wants Jackson kept on the $20 bill, but joined on the other side by “America’s Sheriff” Joe Arpaio.
I agree with Gus. As Judges, we had to apply the law in some cases where it was dumb to remove folks. Too many of them. I had to deal with the law’s fundamental stupidity and wastefulness on a daily basis.
The DHS, on the other hand, had PD. And the programs the Obama Administration instituted, DACA, Stateside Processing, and expanded PD were, although not perfect, a good start at setting rational priorities.
They were also important tools for judges. I could often resolve potentially difficult, contested, time consuming cases that “might have gone either way” as merits asylum or cancellation cases by encouraging both parties to agree on PD or an alternative solution that could be handled by DHS internally.
That process saved lives, kept the final result “open” for a more efficient long-term legislative solution, helped reduce dockets without compromising Due Process, and created incentives for the respondent to behave and pay taxes or risk ending up back in court, perhaps in detention. A win, win, win of the type judges in other systems are used to seeing every day. My son clerked for a US District Judge. Cases almost never went to full trial. Criminal cases were generally “plea bargained” and civil cases generally settled before trial. Immigration Court is probably the only court in America where full trials are considered the “norm.” Unworkeable laws, irresponsible legislature, poor court management, and unprioritized enforcement makes for a guaranteed disaster. Not surprisingly, that’s exactly what we have.
In an incredible display of stupidity and bias, Gonzo and DHS have eliminated exactly the type of constructive, responsible, uses, of PD that offered the best hope for the future — for the courts and the country.
Yes, when I was at INS, I did my best to push for more PD and more setting of reasonable priorities. But, for various reasons, we never got quite as far in empowering and encouraging Government Counsel to exercise PD at the local level. We “killed” some ill-advised cases at the BIA and Court of Appeals level. But, that wasn’t as efficient.
The best I and only way to enforce laws, particularly in a broken system, is by limiting prosecutions to those that actually remove folks who either are a problem or have no equities (including recent arrivals without credible protection claims.)
The current law is unenforceable. We need MORE legal immigration, and not just white, English speaking PHDs. Many of those we need the most do unglamerous, yet essential, jobs: agricultural,work, meat processing, construction, child and elder care, janitorialmservices, etc. As long as the White Nationalist crowd continues to push anti-immigrant restrictionist legislation that neither recognizes actual market forces driving migration nor serves our national interest, we will continue Tom have problems.
More realistic and more numerous legal immigration will sharply reduce the pressures for illegal migration, make enforcement easier and more rational, and allow the Immigration Court to deal with a more realistic workload in a fundamentally fair and reasonable manner.
Eventually, we’ll get there. But not with Trump, Gonzo, and Homan — egged on by White Nationalist restrictionists — in charge. There is a big disconnect between the views of the Trump Base on immigration and the more moderate and realistic views held by the majority of Americans..
PWS
12-19-17
PWS
12-19-17
From what I hear, plans are underway to trade with North Korea. They get 11 million Trump voters and we keep the 11 million undocumented. Win win for both countries.
Preference for the 11 million willing to move to the promised land with no Mexicans or Muslims. Applicants who can only speak English, for security reasons, of course. Easier to track online. Minimal crime because it is a police state. First come, first served. US dollars welcomed!