Tag: Immigration Crisis

CBS News: “Overloaded U.S. immigration courts a ‘recipe for disaster'”

http://www.cbsnews.com/news/trump-us-immigration-courts-deportations/

AIMEE PICCHI/MONEYWATCH writes:

“President Donald Trump is taking what he portrays as a hard-nosed approach to undocumented immigrants, issuing an order this week to boost the number of U.S. border patrol agents and to build detention centers.

But what happens when a federal push to ramp up arrests and deportations hits a severely backlogged federal court system?

“It’s a recipe for a due process disaster,” said Omar Jadwat, an attorney and director of the Immigrant Rights Project at the ACLU. Already, he pointed out, there are “large, large numbers of caseloads” in immigration court, and Mr. Trump’s directives threaten to greatly increase the number of people caught in the system, he said.

Just how backlogged is the system for adjudicating deportations and related legal matters? America’s immigration courts are now handling a record-breaking level of cases, with more than 533,000 cases currently pending, according to Syracuse University’s TRAC, a data gathering site that tracks the federal government’s enforcement activities. That figure is more than double the number when Mr. Obama took office in 2009.

As a result, immigrants awaiting their day in court face an average wait time of 678 days, or close to two years.
Immigrant rights advocates say the backlog is likely to worsen, citing Mr. Trump’s order on Wednesday to hire 5,000 additional border patrol agents while also enacting a freeze on government hiring. Whether the U.S. Justice Department, which oversees the immigration courts, will be able to add judges given the hiring freeze isn’t clear.

A spokeswoman from the DOJ’s Executive Office for Immigration Review said the agency is awaiting “further guidance” regarding the hiring freeze from the Office of Management and Budget and the Office of Personnel Management. In the meantime, she said, the agency “will continue, without pause, to protect the nation with the available resources it has today.”

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There is video to go with the complete story at the link.

The situation is likely to get much worse in the U.S. Immigration Courts.  Obviously, due process is not going to be a high priority for this Administration.  And, while the Executive Orders can be read to give Attorney General Jeff Sessions authority to continue hiring Immigration Judges, filling the 75 or so currently vacant positions won’t begin to address the Immigration Courts’ workload problems.

Then, there are the questions of space and support staff. One of the reasons more vacancies haven’t been filled to date is that many Immigration Courts (for example, the U.S. Immigration Court in Arlington, VA) have simply run out of space for additional judges and staff.

The parent agency of the Immigration Courts, “EOIR,” is counting on being allowed to continue with expansion plans currently underway.  But, even if Attorney General Sessions goes forward with those plans, that space won’t be ready until later in 2017, and that’s highly optimistic.

This does not seem like an Administration that will be willing to wait for the current lengthy highly bureaucratic hiring system to operate or for new Immigration Judges to be trained and “brought up to speed.”  So various “gimmicks” to speed hiring, truncate training, and push the Administration’s “priority cases” — likely to be hundreds of thousands of additional cases — through the Immigration Courts and the Board of Immigration Appeals at breakneck speed.

Consequently, the whole “due process mess” eventually is likely to be thrown into the U.S. Courts of Appeals where “final orders of removal” are reviewed by Article III Judges with lifetime tenure, rather than by administrative judges appointed and supervised by the Attorney General.

PWS

01/28/17

 

 

 

Related posts:

  1. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”
  2. The Sessions Era Begins At The USDOJ
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. JULIA PRESTON: CHAOS IN COURT! – TRUMP ADMINISTRATION’S MAL-ADMINISTRATION OF IMMIGRATION COURTS RUINS LIVES, FRUSTRATES JUDGES!

Some Thought The World Would Test President Trump With An Early Crisis — But He Didn’t Wait — He Provoked An Entirely Avoidable One — With Our Friend, Ally, Neighbor, And Huge Trading Partner To The South!

http://www.wsj.com/articles/trumps-little-mexican-war-1485477900

From today’s WSJ editorial:

“When Mr. Trump visited the Journal in November 2015, we asked if the U.S. should encourage political stability and economic growth in Mexico. “I don’t care about Mexico honestly, I really don’t care about Mexico,” he replied.

That’s obvious, but he should care—and he will have to—if Mexico regresses to its ways before its reformation began in the 1980s. For decades our southern neighbor was known for one-party government, anti-Americanism, hyperinflation and political turmoil.

With U.S. encouragement, Mexico began to reform its statist economic model and embrace global competition. Ahead of the 1993 North American Free Trade Agreement (Nafta), Mexico privatized thousands of state-owned companies and deregulated much of the economy. With Nafta it cut tariffs and opened to foreign investment. Mexican agricultural was especially hard-hit by U.S. competition, but its businesses became more efficient and Nafta helped the country rebound from the 1994 peso crisis.”

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“I really don’t care about Mexico.”  That really says it all about our President. But, maybe we should care, even if he doesn’t. What’s going to happen when he’s called upon to handle a real international crisis, not just one of his own making?

PWS

01/27/17

Related posts:

  1. WSJ: Trump, Kelly, Tillerson Continue On Different Pages Re Immigration Enforcement Program — Mexico Remains Skeptical!
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. ABUSE OF POWER: Eleanor Acer Of Human Rights First Blasts Administration’s Latest Scheme Promoting A Massive Hemispheric Violation Of Human Rights!
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

THERE IS NO “IMMIGRATION CRISIS” – U.S. POPULATION STABLE – MIGRATION WELL WITHIN HISTORIC LEVELS — IMMIGRATION FUELS A GREAT FUTURE FOR THE U.S.

https://www.washingtonpost.com/local/social-issues/us-population-growth-is-lower-than-at-any-time-since-the-great-depression/2016/12/21/5267e480-c7ae-11e6-85b5-76616a33048d_story.html?utm_term=.188da004f316

This article from today’s Washington Post confirms what many of us already knew – there is no “immigration crisis” in America. Rather, our aging population is stable, and immigration (despite a modest uptick since the recession) remains within historic norms. This ties in with respected demographer Robert Warren’s research and conclusion that notwithstanding the so-called “Border Surge” beginning in 2014, U.S. immigration has remained well within historic norms (link below).

Today’s article also states “the United States will need to invest in immigrants who are helping to shore up the younger segment of the labor force.” In other words, we “geezers” are going to need a continuing flow of immigrants to support Social Security and Medicare, as well as to take jobs as nursing assistants, home health care workers, and caretakers for the elderly that few Americans seem to want. When was the last time you heard a high school student say that he or she aspired to a career as a home health care provider – although I see such individuals daily in our neighborhood and know that they are providing essential services to my neighbors in need?

This also fits in with an article in yesterday’s Wall Street Journal pointing out how Latino entrepreneurs and businesspeople – some of them immigrants – have become a key economic force propelling our future greatness as a nation (see below).

Sure, deporting serious criminals from the United States is a worthy goal and one that I have personally participated in to the extent appropriate under law. The current Administration has done as good job of this.  Some would say too good a job, and that cases of relatively minor, non-violent offenders with crimes such as petty theft, receiving stolen property, or possession of marijuana or cocaine, should not have been pushed into an already overcrowded Immigration Court System.

But, the foregoing article suggests to me that rather than fixating on how we might get rid of millions of other undocumented migrants who are law abiding contributors to our society, or looking to further restrict legal immigration as some have advocated, we should be modifying our laws to create additional opportunities for legal immigration that would serve our country’s future.  Moreover, a larger and more rational legal system, with shorter waiting periods, would encourage individuals to “use the system” rather than attempting to circumvent it.

PWS

12/23/16

http://cmsny.org/warren-immigration-surge-illusory/

http://www.wsj.com/articles/the-latino-drivers-of-economic-growth-1482363118

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Related posts:

  1. WASHPOST EDITORIAL: TRUMP ADMINISTRATION’S IMMIGRATION POLICIES ARE A TOXIC MIX OF INTENTIONAL CRUELTY AND JAW-DROPPING INCOMPETENCE – “The result is Third World-style government dysfunction that combines the original sin of an unspeakably cruel policy with the follow-on ineptitude of uncoordinated agencies unable to foresee the predictable consequences of their decisions”
  2. KATY TUR LIVE, 08-10-19: MSNBC Correspondent Jacob Soboroff & I Discuss Jeff Sessions’s Contemptuous Behavior Toward Courts & Migrants With Katy!
  3. GONZO’S WORLD: DHS IG REPORT SLAMS GONZO’S “KIDDIE GULAG” WHILE CRITICISM OF INTENTIONAL CHILD ABUSE BY HIM AND OTHERS IN THE ADMINISTRATION CONTINUES TO MOUNT — Will The Article IIIs Eventually Draw The Line Between Incompetence & Intentional, Malicious Violations Of Constitutional Rights & Hold Gonzo & His Collaborators in DHS & ORR Personally Liable Under “Bivens?”
  4. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!