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Garland is a disgraceful failure as our nation’s top lawyer; Congress is deadlocked and uninterested in solving immigration and human rights problems; Federal Courts, these days often “stacked” with far-right ideologues, too often look the other way at gross violations of due process, overt racism, misogyny, and bad interpretations as long as it’s “only migrants of color” (“non-persons” in the view of some) and their lawyers whose lives are being trashed. At best, the Circuits provide widely inconsistent review and results — perhaps not quite as bad as EOIR, but still far beyond anything that would be acceptable if migrants were actually treated as “persons” as the Constitution clearly provides.
I receive some desperate anecdotal complaints about the absurdly broken system and unprofessional conduct by some IJs and EOIR officials here at “Courtside.”
Here’s a recent one from a long-time practitioner that more or less sums up Garland and the Biden Administration’s incredibly disreputable mal-administration of EOIR:
Everything at EOIR is such a disgrace. It is now very difficult for me to appear before IJs, as I have complete contempt for the agency. It is so much worse now than when Trump was in charge. But of course, EOIR could care less, and obviously, this IJ could care less as well…
“Much worse now than when Trump was in charge!” Let that sink in folks!
As I’ve said before, “This just isn’t right!” But, we seem to be dealing with three branches of “Government” who have simply turned their collective backs on the Constitution, the rule of law, common sense, and the fundamental obligations of decency that human beings owe to each other. They also deny the truth: That immigrants are and will continue to be an essential part of the fabric of our society. So, many have asked me “What’s the answer?”
Storm the fort “from the inside!” Use your superior knowledge, organizational, and problem solving skills to get on the Immigration Bench and get paid to do things the right way, help force systemic change over time, save some very deserving lives, and help preserve and improve our democracy at the same time.
One of the few advantages of working in an “out of control” system is this: there isn’t much control. That often motivates sloppy work, corner-cutting, and a “who cares” approach.
But, it can also motivate and allow those with the skills and moral integrity to “do the right thing,” to put due process first, solve problems (satisfying), and institute “best practices” rather than worst practices in YOUR courtroom, even if only on a case-by-case basis. And, guess what? Things that “work” and efficiently resolve problems in your courtroom do impact the rest of the system!
Eventually, it can lead to demands to stop doing things the same old wrong and unfair way and start start treating others fairly and with dignity. Surprisingly, despite persistent bureaucratic myths to the contrary, doing things the right way and treating everyone fairly is more efficient than repeating the same old mistakes, based on the same old discredited “deterrence myths,” over and over. Recognizing and timely granting deserving cases is the very best, totally overlooked, way of cutting backlog and forcing the system to be more efficient without stomping on anyone’s rights or humanity!
Sure, the EOIR system only superficially claims to be interested in efficiency. What they really want is the “appearance of efficiency” with the ability to shift blame for problems to the “victims” of their incredibly poor performance!
But, eventually enough folks in the right places can get the idea that doing things the right way could actually be better for the system than repeating past mistakes and covering up. The latter gets stressful, even for politicos and bureaucrats who have made careers out of avoiding accountability and responsibility. And, there are certainly plenty of those in today’s EOIR and DOJ.
So here are 10 great opportunities to “get on the inside” and start fixing justice in America and the critical “retail level.”
Seven open IJ positions:
Working for the U.S. Department of Justice allows you to make a difference every day through public service. As an immigration judge you provide due process while deciding cases that have immediate impact. Next week, EOIR will announce the opportunity to apply for immigration judge positions. EOIR will post the vacancy announcement to USAJobs and announce it via the IJ Jobs listserv. The announcement will offer opportunities for immigration courts in the following locations:
- Adelanto, CA
- Concord, CA
- Imperial, CA
- San Francisco, CA
- LaSalle, LA
- Boston (Lowell), MA
- El Paso, TX
If you would like to learn more about qualifications and the process for becoming an immigration judge, please visit our informational page.
Here are three Assistant Chief Judge (“ACIJ”) positions:
https://www.justice.gov/legal-careers/job/assistant-chief-immigration-judge-10
It is REALLY important that great attorneys of all genders and ethnic groups apply for these important positions. EOIR has NEVER been representative of either the communities it serves or the talent and diversity of the private immigration/human rights bar. The “bureaucratic excuse” has been that the “pool” of USG applicants, particularly those from DHS and prosecutorial backgrounds, is always far “superior.”
I call BS! But, the only way to “prove it wrong” is if “the best and brightest” from the private sectors apply en masse.
EOIR will NOT improve voluntarily. Over the past two disgraceful years, Garland has proved that “beyond a reasonable doubt.” So, get on the inside and start changing this system to promote impeccable scholarship, due process, fundamental fairness, and best practices from the inside and from “the bottom up!”
Because, waiting for Merrick Garland and his “clueless” crew @ DOJ and EOIR to get the job done for equal justice and racial justice in America will be like “Waiting for Godot.” And, we all know how that turns out.
Apply now! Ask questions later!
🇺🇸Due Process Forever!
PWS
11-10-22
