Jeffrey S. Chase Blog
jeffreyschase.com
In the present climate, immigration lawyers must continue to present judges with creative, intelligent arguments; to present the public with proof of what is wrong with the current system; and to present those in power to change what is wrong with solutions. I’ve added posts that address each these points. First, I discuss some recent articles in which scholars raise creative legal arguments as to the limits of Chevron deference in appeals to the federal courts. I have also posted a statement of our Round Table of Former Immigration Judges to the House Judiciary Committee, Immigration and Citizenship subcommittee that was made part of the record of its hearing last Wednesday on solutions to the present crisis in the immigration courts.
I have also posted the group statement of our Round Table on the one-year anniversary of the MPP, or “Remain in Mexico” policy that was drafted by former Immigration Judge Ilyce Shugall, who has volunteered her time to travel to Texas to observe MPP hearings that is meant to raise awareness of the need to end this awful program.
SUN, FEB 02 The powers of the Attorney General and the Board of Immigration Appeals to influence law by issuing binding precedent decisions is greatly enhanced by what is known as Chevron deference. The principl
Read More
TUE, JAN 28 Statement to the House Judiciary Committee on Immigration Court Reform
On Wednesday, January 29 at 9:30 am, the House Judiciary Committee, Immigration and Citizenship Subcommittee is holding a hearing entitled “Courts in Crisis: The State of Judicial Independence and
Read More
TUE, JAN 28 Statement on the One Year Anniversary of the MPP Program
January 28, 2020
The Round Table of Former Immigration Judges is comprised of former immigration judges who are dedicated to due process in the immigration system. As former immigration judges, we
Read More
jeffreyschase.com, 500 4th Ave., Brooklyn, NY, USA
***************************
Another article that ties in well with a critical re-examination of Chevron in immigration cases is Tess Hellgren’s recent wonderful short article: “Faced with the Trump Administration’s weaponization of the immigration courts against asylum-seeking individuals, the role of the federal courts is more important than ever.” I recently republished it here: https://immigrationcourtside.com/2020/02/01/tess-hellgren-innovation-law-lab-when-it-comes-to-the-captive-bia-weaponized-immigration-courts-the-article-iiis-need-to-put-away-the-rubber-stamp-restore-integrity-to-the-law-fac/
As we see the results of the regime’s Article III-enabled and encouraged nativist, racist policies like an expanded “Travel Ban” that now includes a large portion of Africa, new non-legislative restrictions on legal immigration, unmitigated expansion of the deadly “New American Gulag,” intentional mistreatment of children, and the continuing abrogation of both Due Process and our binding obligations to protect refugees at our Southern Border and elsewhere, Tess’s last sentence is particularly prophetic:
As the Attorney General and other executive officials attempt to expand their authority to define the terms of immigration adjudication, federal courts should heed the Seventh Circuit’s decision – and remember the foundational legal principle that “[i]t is emphatically the province and duty of the judicial department to say what the law is.”
So far, the Supremes and the Circuits have largely “vacated the province and shirked their duties” to the nation and our laws by shrinking and cowering in the face of the regime’s continuing lawlessness, bullying, bias, and tyranny. Indeed, the Supremes have shown a disturbing favoritism to unjustified requests by Trump’s Solicitor General to short-circuit the litigation system and the rules that bind all others.
Not since the Eisenhower Administration’s “Operation Wetback” (obviously one of the regime’s “models” of lawless disregard for human and legal rights, not to mention basic morality) has our national Government shown such overt racism and contempt for migrants of color. Yet, rather than standing tall and delivering a united, powerful, intellectually courageous defense of our Constitution, the “GOP Gang of Five Supremes” backed the dehumanization and demonization of migrants on racial and religious grounds for transparent and invidious political reasons in the “Travel Ban case.” They basically invited and then approved a demonstrably false and “bad faith” national defense “pretext” which the Administration has “jumped on” to justify other attacks on the rule of law.
Now the “ban” has remarkably, but predictably, been extended to a large part of Africa, including its largest economy, Nigeria. Hardly a whimper as Trump disembowels both Constitutional norms and human decency. What’s next on the agenda, Supremes, a bogus Executive ban on all non-White, non-Christian immigration? Who’d be surprised at this point?
Of course, with “constitutional de-personification” well under way with Article III approval, the next targets will be US citizens of color and others who “dare to differ” like the LGBTQ community, women, political opponents, journalists, lawyers, and, finally, judges themselves once their usefulness to Trump and his authoritarian regime is exhausted. The all-powerful, unrestrained, “unitary Executive” has no need of legislature, judiciary, or the people except to “ratify” their authoritarian abuses.
The failure to defend and reinforce the courageous legal community challenging the regime’s authoritarian overreach and the pathetically weak defense of the integrity of judicial colleagues who have tried to hold the regime accountable by Roberts has done nothing but confirm and reinforce Trump’s pre-existing belief that courts are “his” tools and judges “his toadies.”
America deserves better from its life-tenured judiciary! What’s the purpose of a supposedly independent life-tenured judiciary that sides with powerful, dishonest, lawless, bullies over the rights of individuals and is unwilling to stand up for the rights and human dignity of the most vulnerable among us?
PWS
02-04-20