"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
NQRFPT = “Not Quite Ready For Prime Time” — Unfortunately, it’s a more than apt descriptor for the Biden Administration’s overall inept and tone-deaf approach to due process and immigrants’ rights in the beyond dysfunctional and unjust “Immigration Courts” under EOIR @ Garalnd’s DOJ.
Mike LaSusa Legal and Natioanl Security Reporter Law369 PHOTO: Twitter
Influx Of Solo Kids Poses Challenge For Immigration Courts
By Mike LaSusa
Law360 (March 31, 2022, 2:44 PM EDT) — Unaccompanied minors arriving in increasing numbers at the southern U.S. border are likely to face a tough time finding legal representation and navigating an overwhelmed immigration court system that has no special procedures for handling their cases.
The number of unaccompanied children encountered by U.S. Customs and Border Protection has risen sharply over the past year, to an average of more than 10,000 per month, according to CBP data. Those kids’ cases often end up in immigration court, where they are subject to the exact same treatment as adults, no matter their age.
“Nobody really thought of this when the laws were enacted,” said retired Immigration Judge Paul Wickham Schmidt, now an adjunct professor at Georgetown Law. “Everything dealing with kids is kind of an add-on,” he said, referring to special dockets for minors and other initiatives that aren’t expressly laid out in the law but have been tried in various courts over the years.
About a third of the immigration court cases started since October involve people under 18, and of those people, 40% are 4 or under, according to recent statistics from the U.S. Department of Justice’s Executive Office for Immigration Review, which operates the courts.
It’s unclear how many of those cases involve unaccompanied children and how many involve kids with adult relatives, and it’s hard to make historical comparisons because of changes in how the EOIR has tracked data on kids’ cases over the years.
But kids’ cases are indeed making up an increasing share of immigration court dockets, according to Jennifer Podkul, vice president of policy and advocacy for Kids in Need of Defense, or KIND, one of the main providers of legal services for migrant kids in the U.S.
“The cases are taking a lot longer because the backlog has increased so much,” Podkul said. Amid the crush of cases, attorneys can be hard to find.
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The immigration courts should consider “getting some real juvenile judges who actually understand asylum law and have real special training, not just a few hours of canned training, to deal with kids,” said Schmidt, the former immigration judge.
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Those with Law360 access can read Mike’s complete article at the link.
For what seems to be the millionth time with Garland, it’s not “rocket science.”🚀 He should have brought in Jen Podkul, her “boss,” Wendy Young of KIND, or a similar qualified leader from outside Government, to kick tail, roll some heads, clean out the deadwood, and set up a “Juvenile Division” of the Immigration Court staffed with well-qualified “real” judges, experts in asylum law, SIJ status, U & T visas, PD, and due process for vulnerable populations.
Such judicial talent is out there. But, that’s the problem with Garland! The judicial and leadership talent remain largely “out there” while lesser qualified individuals continue to botch cases and screw up the justice system on a regular basis! Actions have consequences; so do inactions and failure to act decisively and courageously.
And, of course, Garland should have replaced the BIA with real judges — progressive practical scholars who wouldn’t tolerate some of the garbage inflicted on kids by the current out of control, undisciplined, “enforcement biased,” anti-immigrant EOIR system.
Instead, Garland employs Miller “restrictionist enforcement guru” Tracy Short as his “Chief Immigration Judge” and another “Miller holdover” David Wetmore as BIA Chair. No immigration expert in America would deem either of these guys capable or qualified to insure due process for kids (or, for that matter anyone else) in Immgration Court.
Yet, more than a year into the Biden Administration, there they are! It’s almost as if Stephen Miller just moved over to DOJ to join his buddy Gene Hamilton in abusing immigrants in Immigration Court. (Technically, Hamilton is gone, but it would be hard to tell from the way Garland and his equally tone-deaf lieutenants have messed up EOIR. Currently, he and Miller are officers of “America First Legal” a neo-fascist group engaged in “aiming to reinstate Trump-era policies that bar unaccompanied migrant children from entering the United States,” according to Wikipedia.)
Meanwhile, the folks with the expertise to solve problems and get the Immigration Courts back on track, like Jen & Wendy, are giving interviews and trying to fix Garland’s ungodly mess from the outside! What’s wrong with this picture? What’s wrong with this Administration?
We’re about to find out! Big time, as Garland’s broken, due-process denying “court” system continues it’s “death spiral,” ☠️ taking lots of kids and other human lives down with it!
Adam Goldman, Katie Benner, Matt Apuzzo report for the NYT:
WASHINGTON — The F.B.I. investigated Attorney General Jeff Sessions for possible perjury last year over congressional testimony in which he said he had no contacts with Russians, according to three people familiar with the case.
In fact, Mr. Sessions later acknowledged, he had personally met the Russian ambassador to the United States during the campaign and was aware that George Papadopoulos, a campaign adviser, had developed Russian ties, too. F.B.I. agents were aware of both inaccuracies in real time. And last March, when Congress asked the F.B.I. to investigate the attorney general, agents began doing so, two of the people said.
Andrew G. McCabe, the F.B.I.’s deputy director at the time, authorized the investigation, the two people said. Mr. McCabe himself was recently fired for showing “lack of candor” in an internal investigation. Mr. Sessions rejected Mr. McCabe’s appeal and fired him hours before his retirement was to take effect, jeopardizing his pension.
The investigation into Mr. Sessions began before Robert S. Mueller III was appointed special counsel to investigate Russia-related matters. Mr. Sessions’s lawyer, Chuck Cooper, said no investigation is being conducted now.
“The special counsel’s office has informed me that after interviewing the attorney general and conducting additional investigation, the attorney general is not under investigation for false statements or perjury in his confirmation hearing testimony and related written submissions to Congress,” Mr. Cooper said in a statement.
The investigation was first reported by ABC News.
Perjury investigations based on congressional referrals are common, and the F.B.I. frequently investigates but seldom charges. But the fact that the attorney general himself was a focus of the Russia investigation, even if only peripherally and temporarily, shows how entangled the Trump administration has become in the case. Mr. Sessions is recused from any aspect of the investigation.
The investigation also adds a new layer to Mr. McCabe’s firing. Mr. McCabe’s lawyers have said that he did not lie and acted quickly to fix any inaccuracies or misunderstandings. Mr. Sessions has offered a similar defense, saying he never intended to mislead Congress.
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Mr. McCabe’s allies have pointed in recent days to these clarifications and asked why Mr. McCabe did not receive the same benefit of the doubt as the attorney general. But it is impossible to compare the cases because the Justice Department’s inspector general has not released his report explaining his concerns about Mr. McCabe’s candor.
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Go to the above link to read the complete article in the NYT.
Double standards are the norm in the Trump Administration and the DOJ. Ethics laws, civil rights laws, environmental laws, asylum laws, conflict of interest laws, civil service protections all are applied selectively to favor “friends of the Administration” and punish “enemies.” Just like in any good Banana Republic like the “B.A.R.!”
