Washington Reporter, SF Chronicle
S.F. Immigration Court fast-tracking cases in what critics say call a deportation conveyor belt
By Tal Kopan and Deepa Fernandes
A San Francisco immigration judge took less than an hour on Tuesday to order 23 people deported. But none of the immigrants was present and it’s unclear whether they knew about the hearing — even as they were deported for missing it.
The proceedings are part of a recently enacted effort the San Francisco Immigration Court says it’s undertaking to find immigrants it loses track of. Instead, advocates say the court has set up a deportation conveyor belt, one that fast-tracks removal orders before immigrants can make their case to stay in the country.
The practice appears to have started this summer, when immigration attorneys became aware of a subset of hearings being scheduled for immigrants whose mail was being returned as undeliverable. The court was notifying immigrants of the hearings by sending mail to the same incorrect addresses, practically ensuring few would show up.
In immigration law, not showing up at a hearing is enough to be ordered deported on the spot, in what’s known as an “in absentia” order of removal.
According to court data reviewed by The Chronicle, as many as 173 people were given deportation orders because of such proceedings in August and September — a nearly ninefold increase from the 20 similar orders given the previous seven months combined.
ACLU of Northern California attorney Sean Riordan, who has been tracking the issue, compared the situation to a criminal proceeding where, if a defendant didn’t show up for a routine step, the judge declared them guilty with limited ability to challenge the verdict. What’s more, he said, the court scheduled the proceeding expecting the defendant not to show.
“Our society would not tolerate that, it’s just grossly unfair, and we shouldn’t tolerate something similar happening in the immigration courts,” Riordan said. “It’s especially problematic that the San Francisco Immigration Court is spending significant time and resources to obtain so many removal orders through a special docket in cases where they know people will not be able to appear for their hearings.”
At this time, the effort appears limited to the San Francisco court, one of 70 such venues nationwide that hear immigrants’ cases. But advocates fear other courts may see how many cases the San Francisco bench has closed through in-absentia orders and follow suit, saddling scores of immigrants with unknown deportation orders. The immigration court system is run entirely by the Department of Justice, which also employs the judges.
More: https://www.sfchronicle.com/sf/article/San-Francisco-Immigration-Court-fast-tracks-16576102.php
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The (completely unnecessary and self-inflicted) “EOIR Travesty” continues! There are many, many ways that Garland could reduce his Immigration Court backlog (most covered by Courtside or elsewhere online) without stomping on any individual rights! But, this utter nonsense doesn’t happen to be one of them!
As anyone with even a passing familiarity with Immigration Court practice knows, DHS and EOIR are notorious for issuing defective notices and then creating illegal “in absentia” orders. The issue of bad notices has actually been to the Supremes twice recently, with the USG losing badly both times, and the possibility of yet a third trip on the horizon.
Yet, several overt rebukes from the Supremes about “unnecessary corner cutting” have engendered no fundamental changes in the notice system at either agency! Garland & Co. seem just as wedded to anti-due-process, wasteful “mondo enforcement gimmicks” at EOIR as Stephen Miller, “Gonzo” Sessions, and “Billy the Bigot” Barr!🤮
So much for the “racial justice agenda” at DOJ and the reputations of DAG Lisa Monaco, Associate AG Vanita Gupta, and AAG/Civil Rights Kristen Clarke, who have all “looked the other way” while their “boss” Garland continues to promote White Nationalist, anti-immigrant, resource wasting policies at EOIR.☠️
Then, incompetent, tone-deaf Dem politicos wonder why support among their “loyal progressive base” is fading fast? Progressives should “remember the EOIR disaster” and total lack of concern for those “fighting the good fight” in Garland’s disgracefully dysfunctional courts when any of Garland’s complicit lieutenants come up for future Article III judicial appointments!
Conduct like Garland’s at EOIR is a direct result of progressives allowing themselves to be “pushed around and disrespected” by a “Democratic Party Establishment” that gives not a hoot for immigrant justice, racial justice, or fair treatment of asylum seekers except when it’s time to solicit contributions or get out the vote! Vice President Kamala Harris appears to have taken a “leave of absence” on what was supposed to be one of her “signature issues!”
Garland’s “in your face tone-deafness” also contains a very clear message that progressive advocates aren’t “getting!” It’s going to take a “radical break from the past” to achieve any meaningful immigration reform at DOJ!
🇺🇸Due Process Forever!
PWS
11-01-21
This is horrible. So much for due process.
Sadly, Susan, the idea isn’t new. Once upon a time, the BIA had a practice known as the “Lost Alien Letter.” If the BIA sent out correspondence, like a briefing schedule, and it came back “undeliverable,” the appeal could be dismissed for “failure to prosecute.”
Someone at HQ once suggested (whether tongue in cheek or not) that the BIA send out a “status check” on all cases older than a certain date. If the correspondence came back undeliverable, then the appeal could be dismissed. There was a good chance of this happening, since many cases had been pending for years and the BIA system for matching address change or attorney change was haphazard at best, not to mention that many unrepresented respondents did not understand that they had to report address change to both INS and EOIR on different forms mailed to different places!
I vetoed the idea. But, it sounds like something that Garland might like!
DPF!
PWS