"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
https://vimeo.com/user9108723/review/203448069/ae155e4ae3
Professor Benitez and his students from the George Washington Law School Immigration Clinic have consistently made huge contributions to due process and the excellence of immigration practice at the Arlington Immigration Court. I highly recommend this educational video!!
PWS
02/11/17
From the Washington Post:
“President Trump said Friday that he is considering rewriting his executive order temporarily barring refugees and citizens of seven Muslim-majority countries from entering the country, indicating that the administration may try to quickly restore some aspects of the now-frozen travel ban or replace it with other measures.
Trump told reporters aboard Air Force One that he would probably wait until Monday or Tuesday to take any action, and White House Chief of Staff Reince Priebus said several options — including taking the case to the Supreme Court — were still on the table.
Trump hinted that the ongoing legal wrangling might move too slowly for his taste, though he thought he would ultimately prevail in court.”
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Many commentators have suggested that the Administration could have avoided most of the constitutional issues that have bothered the courts by simply making the order applicable solely to those abroad who have not been admitted to the U.S. as refugees or with visas.
The Solicitor General’s Office at the DOJ (even though there is no appointed “SG” for now, there are plenty of career “Supreme Court pros” on the staff) doesn’t like to “look bad” before the Supreme Court. Normally, the Solicitor General must approve and sign off on all Government filings before the Supreme Court. It’s possible that the SG’s Office thinks that the Administration’s case is unlikely to prevail in its current posture, and is therefore trying to persuade the Administration not to file for Supreme Court review right now.
PWS
02/10/17
http://www.ksbw.com/article/are-immigration-raids-result-of-trump-policy/8730502
The AP reports:
“Advocacy groups claim that Immigration and Customs Enforcement officers are rounding up people in large numbers around the country as part of stepped-up enforcement under President Donald Trump. They have cited immigration action in Southern California that they believe is especially heavy-handed.
The government says it’s simply enforcing the laws and conducting routine enforcement targeting immigrants in the country illegally with criminal records.
The truth lies somewhere in between. Here are some of the facts surrounding what’s happening with immigration enforcement:”
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Read the full story at the link. President Trump seems destined to “dethrone” President Obama as the “Deporter in Chief.”
PWS
02/10/17
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FILED
FEB 10 2017
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
STATE OF WASHINGTON and STATE OF MINNESOTA,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, President of the United States; et al.,
Defendants-Appellants.
No. 17-35105
D.C. No. 2:17-cv-00141 Western District of Washington, Seattle
ORDER
THOMAS, Chief Judge and En Banc Coordinator:
A judge on this Court has made a sua sponte request that a vote be taken as
to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. The briefs should be filed on or before 11:00 a.m., Pacific time, on Thursday, February 16. The supplemental briefs shall be filed electronically and consist of no more than 14,000 words. See General Order 5.4(c)(3).
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What does this mean? Well, having spent eight years on a “collegial appellate court” I can think of three possibilities.
First, a Judge may request en banc consideration when he or she thinks the panel decision went against the views of the majority of 9th Circuit Judges and wants the full Court to reverse it. Given that the panel that heard Washington v. Trump was fairly representative of the composition of the 9th Circuit, that seems unlikely here.
A second possibility is that a Judge wants the full Court to “put its weight” behind the panel decision, given the importance of the issue. But, because the 9th Circuit has a somewhat diverse makeup, with Judges often disagreeing, it seems unlikely that a majority of Judges would see an advantage to the court in having a potentially “split” en banc ruling in place of the unanimous panel ruling.
A third possibility, and the one that I think is most likely, is that one or more Judges disagree with the panel decision and want to go on record with that disagreement. While there seems to be little chance that a majority of the 9th Circuit Judges will vote to hear the case en banc, the denial of the en banc request would give those Judges who disagree with the panel a chance to write a public dissent from the decision to deny rehearing en banc.
We might or might not find out. Often, en banc reconsideration is simply denied without any reasons being given.
PWS
02/10/17
Jonathan Soble writes in the NYT:
“Japan, on the other hand, long ago achieved what Mr. Trump has promised: It has very little illegal immigration and is officially closed to people seeking blue-collar work.
Now, though, its tough stance on immigration — legal and illegal — is causing problems. Many Japanese industries are suffering from severe labor shortages, which has helped put a brake on economic growth.
That is prompting Japan to question some fundamental assumptions about its labor needs. The debate is politically delicate, but changing realities on the ground — in Japan’s factories and fields — are forcing politicians to catch up. Japan’s total foreign-born labor force topped one million for the first time last year, according to the government, lifted in part by people entering the country on visas reserved for technical trainees.
That growth has also led to an increase in cases of worker abuse and fraud, labor activists say.”
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Yup. When my parents went into a very “high end” retirement home in this area, I noticed that virtually all of the dedicated staff, from doctors and nurses down to the janitors, were recent immigrants. I never ran into a high school kid, when our kids were at that stage or later, who said he or she aspired to be an orderly, a janitor, or even a Certified Nursing Assistant. But, I don’t think most of our kids and grandkids want to take care of us to that degree, either. So, those of us who plan to live to a ripe old age had better hope that Trump’s upcoming “war on immigrant workers (legal and undocumented)” is less than fully successful. Or else, we’ll be emptying our own bedpans.
PWS
02/10/17
From HuffPost:
“WASHINGTON, Feb 9 (Reuters) – President Donald Trump’s “wall” along the U.S.-Mexico border would be a series of fences and walls that would cost as much as $21.6 billion, and take more than three years to construct, based on a U.S. Department of Homeland Security internal report seen by Reuters on Thursday.
The report’s estimated price-tag is much higher than a $12-billion figure cited by Trump in his campaign and estimates as high as $15 billion from Republican House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.
The report is expected to be presented to Department of Homeland Security (DHS) Secretary John Kelly in coming days, although the administration will not necessarily take actions it recommends.
The plan lays out what it would take to seal the border in three phases of construction of fences and walls covering just over 1,250 miles (2,000 km) by the end of 2020.”
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PWS
02/10/17
From the WSJ:
https://www.wsj.com/articles/trade-punishment-for-trump-voters-1486686758
“Global competition has forced U.S. farmers to become efficient and productive, but the reality is that other countries have arable land and willing labor. They can replace U.S. agriculture in a tariff war. Australia has a trade deal with Japan, and exports Down Under will have an advantage over American beef and wheat. U.S. beef imports to Japan will face high tariffs that the Trans-Pacific deal would have phased out or reduced. Mexico has bilateral trade deals with Chile, the European Union and others, and may buy more from Canada.
The bigger political picture for the Trump White House is that U.S. agriculture is already struggling amid a strong dollar and declining export volumes. Net farm income dropped 15% to about $68 billion last year, the lowest since 2009, according to the Agriculture Department. Unless Mr. Trump wants to compensate with more taxpayer subsidies, the best way to boost incomes is to let farmers sell in more markets, not fewer.
One reason the U.S. benefits from free-trade deals is that America has among the lowest import barriers on earth (5% average for agriculture), so new agreements tear down levies abroad and open new markets. President Trump should consider that reality before escalating on trade—and betraying the Farm Belt voters who are relying on him to bring growth and opportunity.”
WSJ Subscribers can read the full opinion piece at the link.
From the NYT:
https://www.nytimes.com/2017/02/09/us/california-farmers-backed-trump-but-now-fear-losing-field-workers.html?smprod=nytcore-iphone&smid=nytcore-iphone-share
“They are hopeful Mr. Trump will not make good on most of his threats. “Quien más habla, menos hace,” they tell each other — the more you talk, the less you do. There are too many of them, they reason, to throw them all out.
“We’re just waiting and praying, hoping that somebody can convince them that we are not hurting anyone by being here,” said Isabel Rios, 49, who has been picking grapes for the last two decades. Like most women in the fields, she covers her face with a bandanna to protect against the blaring sun, dust and pesticides. Her two children, 9 and 18, are American-born citizens and she worries what will happen to them if she is sent back to Mexico. “Who will benefit if we are not here?”
Mr. Marchini, the radicchio farmer, said he felt similarly after seeing generations of workers on his family farm send their children to college and join the middle class. Mr. Marchini’s family has farmed in the valley for four generations and he grew up working side by side with Mexican immigrants.
He said that no feasible increase in wages or change in conditions would be enough to draw native-born Americans back into the fields.
It was the other conservatives, Mr. Marchini said, who were out of touch about how to deal with foreign workers. “If you find a way to get in here,” he said, “there’s a need for what you do.”
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PWS
02/10/17
Read-the-9th-Circuit-s-opinion-on-the-travel-ban
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I think it will be hard for the Administration to prevail at this stage. I’d be surprised if either the full (“en banc”) 9th Circuit or the Supreme Court want to get involved at the TRO stage.
President Trump Tweets “See You In Court.” (Hasn’t that line been used before?) But, as indicated above, I’m not sure that the Supreme Court (particularly with only 8 Justices) will want to intervene at this point. The Supremes did take the Obama Immigration Executive Order case at a preliminary stage; but they were unable to resolve it on the merits, affirming the lower court’s injunction by an evenly divided Court. Not clear why the Court would be in a better position to resolve this one. But, we’ll find out shortly.
PWS
02/09/17
Greg Sargent writes in The Morning Plum in today’s Washington Post:
“Jeff Sessions has now been confirmed as attorney general, and this vaults him to a position in American life that is unique. Perhaps more than any other person, Sessions stands at the nexus of many of the potential plot lines that we should fear most about the Donald Trump presidency.
Here are the possibilities we need to worry about. President Trump’s refusal to divest from his business holdings creates the possibility of untold conflicts of interest and even full-blown corruption on an unprecedented scale. The hostility of Trump and Republicans to a full, independent probe into Russian meddling in the election may mean there will never be a full public accounting of what happened, which could make a repeat more likely.
Trump’s year of lies about voter fraud, and his campaign vows of explicit persecution of minorities, could signal further voter suppression efforts, weakened civil rights protections, and the use of state power against Muslims and undocumented immigrants in draconian or discriminatory ways. Trump’s well-documented authoritarian impulses could conceivably tip him into genuine authoritarian rule, in which, for instance, the power of the state is turned against critics or political opponents.
Sessions is now in a unique position to facilitate and enable — or, by contrast, to act as a legal check on — some or all of these possibilities, should they metastasize (or metastasize further) into serious threats to vulnerable minorities or, more broadly, to our democracy. Here are the things to fear:
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You can read the full article at the link. Although noting Session’s involvement with immigration, Sargent overlooks what is likely to be AG Session’s biggest legacy, for better or, as many expect, for worse. That is his unilateral control over the United States Immigration Courts, perhaps America’s largest and most important Federal Court System, with 530,000+ pending cases, and hundreds of thousands (if not millions) about to be pushed into the already clogged “pipeline” under President Trump’s Executive Orders on immigration enforcement. Unlike most administrative courts within the Executive Branch, the Immigration Court not only has authority to order what in many cases can be indefinite “civil detention” but also to impose permanent exile on individuals (and, as a de facto matter on their U.S. citizen families), including some who were legally admitted to the United States and have resided here many years with “green cards.” Even in the area of criminal law, few judges in any system possess comparable authority to permanently affect the lives of so many individuals, their families, and their communities.
PWS
02/09/17
Theresa Vargas and Steve Hendrix write in today’s Washington Post:
“Monroy is now working toward a master’s degree in international education. She is also the director of education at the Family Place, a service organization that offers literacy classes for adult immigrants, many of whom have no more than a third-grade education. She credits DACA with giving her that freedom to thrive and help others.
“A lot of fear I had before was taken away,” she said.
She hopes Trump will continue to honor the policy, but said if he revokes it, she is less worried about herself than others. Every day she sees women who come from places where gangs have taken their homes and tried to recruit their children. Women who fear not just instability, but losing loved ones, if they are forced to leave the United States. It is why in recent weeks she has attended protests at the White House and in front of the Trump hotel, adding her slight frame to the swelling crowds.
“I’ve told my friends if I have to go down with a fight, it will be a glamorous fight,” she said.”
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Read the full front-page story at the link.
PWS
02/09/17
Aaron Blake writes in the Washington Post:
“In a speech to law enforcement officials, Feb. 8, President Trump read federal law giving broad him broad authority to set immigration restrictions, adding, “a bad high school student would understand this.” (The Washington Post)
The 9th Circuit Court of Appeals is now weighing what to do with President Trump’s travel ban. And Trump did his best Wednesday to put his finger on the scales of justice.
Continuing a highly unusual days-long effort by a president, Trump issued a stark warning to the three-judge panel and, really, the entire court system: Run afoul of me, and you may just pay a price.
In a speech in front of law enforcement in Washington, Trump suggested to the three-judge panel that they would marginalize themselves politically if they decide the wrong way. Trump has said similar things about the judge who previously halted his travel ban — albeit after the decision had come down.
The comments were oblique, but Trump’s point was crystal clear.
“If these judges wanted to help the court in terms of respect for the court, they’d do what they should be doing,” Trump said, in a comment thick with subtext. “It’s so sad.”
He added: “I don’t ever want to call a court biased, so I won’t call it biased. But courts seem to be so political, and it would be so great for our justice system if they would read [the law] and do what’s right.”
If that isn’t a threat to marshal support against the American court system and fight it politically, I’m not sure what is. Trump is basically saying: That’s a nice reputation you’ve got there. It’d be a shame if something happened to it.”
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So, if this is the contemptuous and disrespectful way Trump treats the Article III Courts, what does that say about the chances for fairness and due process in the U.S. Immigration Court System, where all the U.S. Immigration Judges and the Appellate Immigration Judges on the Board of Immigration Appeals work directly for Trump’s friend and enthusiastic supporter, Attorney General Jeff Sessions, a well-established “immigration hard liner” who is reputed to be the “inspiration” behind Trump’s immigration enforcement program.
How long will an Immigration Judge who rules in favor of an individual who is one of Trump’s “removal priorities” or an Appellate Immigration Judge who speaks out in favor of due process in the face of Trump’s “move ’em all out” Executive Orders remain on the bench. Not long, I suspect. Is Attorney General Jeff Sessions really going to stand up for and protect a conscientious Immigration Judge who in good faith attempts to follow the law even when it conflicts with Trump’s edicts? Not likely.
The only question probably will be whether Article III Judges will stand up to Trump’s bullying and excesses and force Constitutional due process back into the system after Trump and Sessions drain it out. So far, the Article III Judiciary seems to be almost as unfazed by Trump’s bulling and threats as, say, the cast of SNL. But, it’s early in the game. And even Article III Judges eventually might find that they have to pick their fights. Will the due process rights of foreign nationals be one of them? Only time will tell. Stay tuned.
PWS
02/08/17
Elise Foley and Dana Liebelson write in HuffPost:
“WASHINGTON ― For decades, a central tenet of U.S. immigration policy has been that American citizens should be able to reunite with their siblings, parents and grown children who live abroad. The government doesn’t make this easy. But now, emboldened by President Donald Trump’s anti-immigrant stance, two Republican senators want to make it almost impossible.
Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) introduced a bill on Tuesday that would bar immigrants from bringing almost anyone but their spouses and minor children to the U.S. Latino and Asian Americans, who are more likely to be recent immigrants with family living abroad, would be disproportionately affected by this change.
The bill would also eliminate diversity visas, which many recent African immigrants rely on to get to the U.S., and cap refugee resettlement at 50,000 people per year. The bill doesn’t affect the millions of Irish, German and Italian Americans whose families came to the U.S. in earlier waves of immigration and no longer have close relatives abroad.
The senators predict the bill would cut legal immigration per year by half. They also think it stands a chance of passing.
“Once you get here, you have a green card and you can open up immigration not just to your immediate family, but your extended family, your village, your clan, your tribe,” Cotton said of ending the diversity lottery. “I don’t think it works for American workers.”
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The new GOP “family values?” Would we even be having this discussion if most recent immigrants were “white guys” from Canada, Australia, and the UK? My guess is no. It’s not about protecting American workers. The GOP doesn’t give a hoot about them. That’s why they are anti-union, anti-minimum wage, anti-universal health care, anti-safety net, anti-Medicare, anti-consumer protection, anti-financial regulation, anti-pension, anti-equal pay for equal work, anti-environment, anti-science, anti-public workers, anti-education and anti just about everything that doesn’t directly or indirectly help their fat cat friends get fatter and their business buddies get bigger — more profits, more money for upper management, more tax breaks for the rich, less money, fewer benefits, and no chance at a comfortable retirement for workers. No, something else is at work here.
PWS
02/07/17
“AS THE Trump administration fought in court to revive its temporary ban on entry by refugees as well as travelers from seven majority-Muslim countries, the president persisted in perversely suggesting that the judicial branch will be responsible for any terrorist attack carried out by what he portrayed as the violent hordes clamoring to enter the country.
By conflating a dangerous fiction about immigrants with blatant disrespect for an equal branch of government, President Trump fans the xenophobic flames he did so much to ignite during the presidential campaign. “Just cannot believe a judge would put our country in such peril,” he tweeted over the weekend, after a ruling by U.S. District Judge James L. Robart in Seattle, who was nominated to the court by President George W. Bush. “If something happens blame him and court system. People pouring in. Bad!”
. . . .
Even if the courts uphold its actions, it is critical that the administration not use the inevitable imperfections of any vetting process as a pretext to ban refugees for more than the 120-day period covered by the Jan. 27 order. Already, Mr. Trump has slashed the current fiscal-year target for refugee admissions to 50,000, from 110,000.
That’s a trickle when measured against the United States’ traditional role as a beacon to those fleeing violence and tyranny, and against global demand. The United Nations counts some 16 million refugees (excluding Palestinians); more than half are children . By far the largest number, nearly 5 million , are Syrians, who are barred indefinitely under Mr. Trump’s order.
“These are not Jeffersonian democrats,” sneered Mr. Bannon, referring to Muslim immigrants who entered Europe. In 2015, he asked, “Why even let ’em in?”
Similar remarks were made a century ago about immigrants from Ireland, Italy, Germany and Eastern Europe, then widely seen as unschooled, unwashed and, often, violent. No one would ask now, “Why did we even let ’em in?”
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“Not Jeffersonian democrats,” Mr. Bannon? Says who? How would you know? Where have you dealt face to face with refugees?
In my “last previous incarnation,” I dealt with refugees from a wide variety of countries on a daily basis. Most of them were folks just like you or me. The just wanted a chance to live (rather than die, be imprisoned, beaten, or otherwise tortured), work, raise their families in safety and security, and contribute to our nation. Pretty much what all of us want, in my experience.
They also had a very keen appreciation of and deep respect for what American democracy and free political and intellectual participation meant — a much clearer understanding than I have ever heard from President Trump or Steve Bannon. Someone who has been imprisoned in squalid conditions, burned with cigarette butts, beaten on the bottoms of the feet, made to walk on their knees over hot sand, or seen family members abused has a much more practical, down to earth understanding of the privilege of living in the United States than most of us who had the good fortune (not merit, but pure good fortune) to be born here.
I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in the Trump/Bannon world).
PWS
02/07/17
https://us.vocuspr.com/Publish/515903/vcsPRAsset_515903_132952_3a1e221c-3f7f-4046-8513-36015233ac7e_0.jpg
American Bar Association
Communications and Media Relations Division
www.americanbar.org/news
Release: Immediate
Contact: Karen DeWitt
Phone: 202-662-1502
Email: Karen.DeWitt@americanbar.org
Online: http://www.americanbar.org/news/abanews/aba-news-archives/2017/02/aba_urges_president.html
ABA urges President Trump to withdraw order restricting travel from seven Muslim-majority countries
MIAMI, Feb. 6, 2017 — The American Bar Association urged President Donald Trump today to withdraw the executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” which restricts immigration from seven Muslim-majority countries, suspends all refugee admission for 120 days and indefinitely suspends the entry of Syrian refugees.
By voice vote, the ABA House of Delegates, the association’s policy-making body, adopted resolution 10C calling on the executive branch to ensure full, prompt, and uniform compliance with court orders addressing the executive order.
The House––made up of 589 members representing state and local bar associations, ABA entities and ABA-affiliated organizations––also urged the administration to take care that all executive orders regarding border security, immigration enforcement and terrorism:
respect the bounds of the U.S. Constitution and due process rights;
not use religion or nationality as a basis for barring an otherwise eligible individual from admission to the United States;
adhere to the U.S.’s international law obligations relating to the status of refugees and to the principle of non-refoulement; and
facilitate a transparent, accessible, fair and efficient system of administering the immigration laws and policies of the United States and ensure protection for refugees, asylum seekers, torture victims and others deserving of humanitarian refuge;
In Resolution 10B, the House also reaffirmed the ABA’s support of legal protection for refugees, asylum seekers, torture victims, and others deserving of humanitarian refuge. It urged Congress to adopt additional legislation to appropriate funds for refugee applications and processing, and mandate that refugees receive an appropriate individualized assessment in a timely fashion that excludes national origin and religion as the basis for making such determination.
The association’s policy-making body discussion took place at the James L. Knight Center of the Hyatt Regency Miami. The session concluded the 2017 ABA Midyear Meeting, which began Feb. 1.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.
If you would rather not receive future communications from American Bar Association, let us know by clicking here.
American Bar Association, 321 N Clark St, Chicago, IL 60654-7598 United States
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Thanks to my good friend Dan Kowalski over at Lexis Nexis for forwarding this to me.
PWS
02/07/17
“The refugee program was not the only part of the immigration system that sustained shocks this week from three executive orders by President Donald Trump. While the White House scrambled to contain the widening furor over his ban on refugees and immigrants from seven Muslim-majority countries, the administration was laying the groundwork for a vast expansion of the nation’s deportation system. How vast? Here’s a close reading of Trump’s orders:”
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Read Julia’s full analysis at the link.
Not to beat a dead horse, but it’s hard to resist. To show what a “parallel universe” executives at the EOIR live in, the article says that without the Trump priorities EOIR believes it could have begun to reduce the backlog with 330 Immigration Judges (they currently have 305, and approximately 370 are authorized). What!!!!
Math wasn’t my strong point, but let’s do some basics here. There are more than 530,000 currently pending cases in the U.S. Immigration Courts. An experienced fully trained, fully productive Immigration Judge (which none of the new Immigration Judges will be for several years, if then) can do a reasonable job on at best 750 cases per year. So, 330 fully trained Immigration Judges might be able to do approximately 250,000 cases per year without stomping on individuals’ due process rights. That’s barely enough to keep up with the normal (pre-Trump Administration) annual filings of new cases, let alone make realistic progress on a one half million backlog.
But, even that would be highly optimistic. The real minimum number of Immigration Judges needed to keep the system afloat and “guarantee fairness and due process for all,” even without the distorted Trump priorities, is 500 Immigration Judges as determined by the consensus of “outside-EOIR/DOJ management” observers. And, that’s not even considering that many of the best and most experienced Immigration Judges will be retiring over the next few years.
So, even without the Trump Executive Orders, EOIR executives were living in a dream world that had little relationship to what is happening at the “retail level” of the system, in the Immigration Courts. And, because none of the folks who sit in the EOIR HQ “Tower” in Falls Church, well intentioned as they might be, actually hear and decide cases in the Immigration Courts, the gap between reality and bureaucracy at EOIR is simply off the charts!
This system needs help, and it needs it fast! The DOJ and EOIR, as currently structured and operated, simply cannot solve the real problems of one of America’s largest, most important, most under-resourced, and most out off control court systems. Unless the Trump Administration and Congress can “get smart” in a hurry and pull together on legislation to get the Immigration Courts out of the DOJ and into an independent Article I structure, this system is heading for a monumental due process train wreck that could threaten to take the rest of the U.S. justice system along with it.
PWS
02/06/17