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What Are The Odds Of The US Immigration Courts’ Surviving The Next Four Years?

What Are The Odds Of The U.S. Immigration Courts’ Survival?

by Paul Wickham Schmidt

Despite the campaign promises to make things great for the American working person, the Trump Administration so far has benefitted comedians, lawyers, reporters, and not many others. But there is another group out there reaping the benefits — oddsmakers. For example, Trump himself is 11-10 on finishing his term, and Press Secretary Sean “Spicey” Spicer is 4-7 to still be in office come New Year’s Day 2018.

So, what are the odds that the U.S. Immigration Courts will survive the next four years. Not very good, I’m afraid.

Already pushed to the brink of disaster, the Immigration Courts are likely to be totally overwhelmed by the the Trump Administration’s mindless “enforcement to the max” program which will potentially unleash a tidal waive of ill-advised new enforcement actions, detained hearings, bond hearings, credible fear reviews, and demands to move Immigration Judges to newly established detention centers along the Southern Border where due process is likely to take a back seat to expediency.

While Trump’s Executive Order promised at least another 15,000 DHS immigration enforcement officers, there was no such commitment to provide comparable staffing increases to the U.S. Immigration Courts. Indeed, we don’t even know at this point whether the Immigration Courts will be exempted from the hiring freeze.

At the same time, DHS Assistant Chief Counsel are likely to be stripped of their authority to offer prosecutorial discretion (“PD”), stipulate to grants of relief in well-documented cases, close cases for USCIS processing, and waive appeals.

Moreover, according to recent articles from the Wall Street Journal posted over on LexisNexis, individual respondents are likely to reciprocate by demanding their rights to full hearings, declining offers of “voluntary departure” without hearing, and appealing, rather than waiving appeal of, most orders of removal. Additionally, the Mexican government could start “slow walking” requests for documentation necessary to effect orders of removal.

Waiting in the wings, as I have mentioned in previous posts, are efforts to eliminate the so-called “Chevron doctrine” giving deference to certain BIA decisions, and constitutional challenges that could bring down the entire Federal Administrative Judiciary “house of cards.”

The sensible way of heading off disaster would be to establish an independent Article I Court outside the Executive Branch and then staff it to do its job. Sadly, however, sensibility so far has played little role in the Trump Administration. Solving the problem (or not) is likely to fall to the Article III Courts.

So, right now, I’m giving the U.S. Immigration Courts about 2-3 odds of making it through 2020. That’s a little better chance than “Spicey,” but worse than Trump himself.

To read the WSJ articles on the “clogging the courts” strategy, take this link over to LexisNexis:

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2017/02/13/will-strong-defensive-tactics-jam-immigration-jails-clog-immigration-courts-wsj.aspx?Redirected=true

PWS

02/14/17

Reuters Exclusive Report — Dreamer Arrested By ICE In Seattle — Mistake Or New Policy?

http://www.reuters.com/article/us-usa-trump-immigration-arrest-exclusiv-idUSKBN15T307

Daniel Levine and Kristina Cooke of Reuters San Francisco break this exclusive story:

“U.S. authorities have arrested an immigrant from Mexico who was brought to the United States illegally as a child and later given a work permit during the Obama administration in what could be the first detention of its kind under President Donald Trump.

Daniel Ramirez Medina, a 23-year-old with no criminal record, was taken into custody last week at his father’s home in Seattle by U.S. Immigration and Customs Enforcement officers. The officers arrived at the home to arrest the man’s father, though court documents did no make clear the reason the father was taken into custody.

Ramirez, now in custody in Tacoma, Washington, was granted temporary permission to live and work legally in the United States under a program called the Deferred Action for Childhood Arrivals, or DACA, established in 2012 by Democratic President Obama, according to a court filing.”

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As far as I know, the Administration has not made a final decision on whether or not to revoke, retain, or modify the Obama Administration’s DACA program. But, given the sloppiness with which this Administration has proceeded on immigration matters, who knows?

In any event, great reporting by Daniel and Kristina, and I appreciate their forwarding this to me.

PWS

02/14/17

Morning Joe: “Stephen Miller’s weekend performance: That was horrendous and an embarrassment!” — Other Than That, He Loves The Guy!

https://www.washingtonpost.com/news/the-fix/wp/2017/02/13/joe-scarborough-is-trying-to-make-trump-turn-on-stephen-miller/?utm_term=.8c119ea36330

Callum Borchers Wirtes in “The Fix” in today’s Washington Post:

“Joe Scarborough is trying to use whatever influence he has over Donald Trump to change the president’s mind about Stephen Miller. It hasn’t worked so far.

The MSNBC host previously blamed Miller for mishandling the rollout of the travel ban and on Monday resumed his campaign against Trump’s senior policy adviser, who made a series of breathtakingly forceful statements on the Sunday political talk shows, including:

“Our opponents, the media and the whole world will soon see, as we begin to take further actions, that the powers of the president to protect our country are very substantial and will not be questioned.”
“Sean Spicer, as always, is a hundred percent correct.”
“It is a fact, and you will not deny it, that there are massive numbers of noncitizens in this country who are registered to vote.”

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The video clips on this one (see link) are truly amazing. Miller is the “Perfect Storm” of arrogance, ignorance, and intolerance all wrapped into a package of smart-ass, off-putting demeanor, lack of gravitas, and robotic delivery. Hopefully, they never let this guy into a courtroom. Or, perhaps they should . . . .

Come to think of it, I’d love to see him go “toe to toe” with Judge Richard Posner of the Seventh Circuit. Nothing Judge P loves better than being told “who’s in charge.” And, as for the “I’m from the White House come to tell you about your authority, you robed boob” tone, let’s just say it wouldn’t be pretty. On the other hand, couldn’t happen to a more deserving guy.

PWS

02/13/17

Immigration Raids Net 680

https://www.washingtonpost.com/national/immigration-authorities-arrested-680-people-in-raids-last-week/2017/02/13/3659da74-f232-11e6-8d72-263470bf0401_story.html?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.87f8b6f9b6cb

According to the Washington Post:

“Immigration authorities last week arrested 680 people who were in the United States illegally, Homeland Security Secretary John F. Kelly said in a statement Monday.

The raids in at least a dozen states, which marked the Trump administration’s first large-scale crackdown on people living in the United States illegally, set off a wave of panic and protest in immigrant communities over the weekend and sparked questions from immigration advocates as to whether the arrestees posed legitimate threats to public safety.

DHS, which overseas U.S. Immigration and Customs Enforcement (ICE), said Monday that approximately 75 percent of those arrested were “criminal aliens,” including some who had been convicted of crimes such as homicide, sexual assault of a minor and drug trafficking.

Asked to provide further clarification, a DHS official confirmed that the term “criminal aliens” includes anyone who had entered the United States illegally or overstayed or violated the terms of a visa. There are an estimated 11 million people in the United States who fit that profile.

ICE declined to provide the names and locations of those who were detained in the raids, nor would the agency say how many of the 680 people had committed serious crimes.

Field offices in Los Angeles, San Antonio, Chicago, Atlanta and New York City released a total of 15 examples of people ICE took into custody last week, including one who was a “self-admitted MS-13 gang member” and one who was wanted for murder and attempted murder in Mexico. Seven had prior convictions for sexual assault or for lewd or indecent acts with a child, and three, including the gang member, had convictions for drug trafficking or distribution.

ICE carried out the arrests in New York, California, Illinois, Texas, Missouri, Kansas, Georgia, North Carolina, South Carolina, Kentucky, Indiana and Wisconsin. Of those, about a quarter had no prior convictions.

ICE has characterized the raids as routine, but immigrant rights groups said the actions were out of the ordinary and that most of those swept up were not dangerous. They said ICE also handled the detentions — which activists described as playing out in homes, on the side of the road and outside workplaces — differently from how the agency had in the latter years of the Obama administration, and accused the government of sowing fear among the immigrant community.

“This is not normal,” Sulma Arias, field director for the Center for Community Change, said in a teleconference with reporters Monday, calling it a “horrific overreach that will destroy families and undermine the American Dream for thousands.”

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There still seems to be confusion as to whether these were “business as usual” by DHS or the result of the Trump Administration’s Executive Orders cracking down on so-called “criminal aliens.” Perhaps, it doesn’t really make any difference. Whatever it’s called, it’s the “new normal.”

PWS

02/13/17

More Nonsense From Miller — Preventing “Crime Before It Happens”

http://www.huffingtonpost.com/entry/white-house-deportations-prevent-crime_us_58a0874fe4b03df370d709f3?

Christina Willkie writes on HuffPost:

“White House policy director Stephen Miller on Sunday expanded the goals of President Donald Trump’s controversial immigration executive order, saying it would “prevent crime before it happens” by deporting undocumented immigrants deemed to “pose a threat to public safety.”

The statement was reminiscent of the plot of “Minority Report,” a film set in a dystopian future where people are arrested before they actually commit crimes.

A series of immigration raids authorized by the Trump administration in recent days were purportedly intended to arrest and deport criminals. Instead, many of the people being arrested have no criminal records.”

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Also worth noting that the Trump Administration is now taking “credit” for the “raids,” contradicting the earlier claim by DHS officials that they were “business as usual.”

PWS

02/12/17

Getting It Right: How a Small Town In Virginia’s Shenandoah Valley Makes Migration Work — For Everyone In The Community!

https://www.washingtonpost.com/opinions/how-one-small-virginia-town-embraces-immigration–and-is-better-off-for-it/2017/02/10/4c3ff190-ecbd-11e6-9662-6eedf1627882_story.html?utm_term=.99ac31cc3a66

Andrew D. Perrine writes in the Local Opinions section of today’s Washington Post:

“Who would guess that a city tucked in the Shenandoah Valley of western Virginia, with a population of 53,000 and a hard-working rural history, is a model of international coexistence?

Yet, only 55 percent of the students attending Harrisonburg City Public Schools were born in the United States. The second-largest segment of the population by country of origin is Iraqi. Then there are the Hondurans, Puerto Ricans, Salvadorans and Mexicans. The Congolese, Ethiopians, Jordanians, Ukrainians and Syrians are representd, too. As of January 2016, Harrisonburg City Public Schools are attended by students from 46 countries.

One might guess that so many people from so many places around the world never could get along in such a small town given the unnerving level of social discord represented in the media regarding immigration and the fear of terrorism. Yet they do. Crime is mostly petty. Only four police officers have died in the line of duty since the first in 1959. What on earth is happening in Harrisonburg?

Known since the 1930s as “The Friendly City,” Harrisonburg is an official Church World Service refugee resettlement community. It’s home to James Madison University and Eastern Mennonite University, which brings a lot of foreign nationals to town through its missionary work around the world. And the city lies in the path of Interstate 81. So, even though Harrisonburg is no bustling port city or cosmopolitan metropolis, its high level of diversity is not so hard to believe.

But what is so hard to believe is the level of concord among all the various walks of life. Listening to the current American national dialogue, or observing the rise of nationalist political candidates around the world, one would assume that mixing nationalities, religions and ethnic groups in such close quarters would produce enough emotional tinder to fuel a blaze of angry divisions and open fighting in the streets. Yet it does not.

In fact, less than a week after the White House issued an executive order banning refugees from seven majority-Muslim countries, 30 volunteers from churches of various faiths in Harrisonburg and the surrounding Rockingham County collected food donated to the Islamic Center of the Shenandoah Valley. According to the Daily News-Record, the food was set out after the Islamic Center’s 1 p.m. service, and 300 attendees grabbed lunch to go or sat down to a meal. One attendee reportedly said, “This support shows us the community is standing with us. This makes us feel like we are all Americans.”

Maybe everyone gets along well in Harrisonburg because the town is small and the community actively interacts. It is a lot easier to think badly of some group — or even hate them — if its members are an abstraction to you. If you don’t know or see the people you’re told to fear, it’s much easier to fear them. In Harrisonburg, we plainly see that our Mexican and Muslim neighbors are not as they are portrayed by some in elected office or in the media.

Maybe the answer is not a wall or a moratorium on immigration. Maybe the answer is exactly the opposite. Just ask the good people in the Friendly City of Harrisonburg.”

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Maybe guys like Stephen Miller, Jeff Sessions, and even President Trump need to spend a little less time in “the swamp” of Washington, D.C., and a little more time breathing the fresh air out in the Valley.

PWS

02/11/17

Meet Presidential Senior Adviser Stephen Miller, The Man Behind President Trump’s Immigration Policies!

https://www.washingtonpost.com/politics/stephen-miller-a-key-engineer-for-trumps-america-first-agenda/2017/02/11/a70cb3f0-e809-11e6-bf6f-301b6b443624_story.html?hpid=hp_rhp-top-table-main_miller-1029am%3Ahomepage%2Fstory&utm_term=.ae956d080521

Rosalind S. Helderman writes in a front-page article in today’s Washington Post:

“After attending Trump’s inauguration, Jared Taylor, another high-profile white nationalist, posted a piece to his website in which he wrote that Trump is “not a racially conscious white man” but that there “are men close to him — Steve Bannon, Jeff Sessions, Stephen Miller — who may have a clearer understanding of race, and their influence could grow.”

In an interview, Taylor said he was “speculating” and that he has not met or spoken with Miller.

Miller said he has “profound objections” to the views advanced by Taylor and Spencer, saying: “I condemn this rancid ideology.”

Elder, who is black, said he has never heard Miller speak of Spencer or Taylor or express what he considers racist views.

Instead, Elder said, Miller believes as he does: “Race and racism are no longer major problems in America. This is the fairest majority-white country in the world. If you work hard and make good decisions, you’ll be fine.”

Miller said that his views at the time were best summed up in a 2005 column in the Santa Monica Mirror, titled “My Dream for the End of Racism,” in which he argued that Americans should focus on how far the country has come in overcoming such prejudice. “No one claims that racism is extinct — but it is endangered,” he wrote. “And if we are to entirely extract this venom of prejudice from the United States, I proclaim Americanism to be the key.”
Focusing on “multiculturalism,” he wrote, has had the effect of keeping different groups separate.

Miller’s White House role is in many ways a departure for an activist who has mostly seen himself as representing an oppressed political minority. Now he holds the power, helping to drive the government while working steps from the Oval Office.

Bitner said he wonders how Miller’s tactics will translate.

“I don’t think he’s had the opportunity to practice this,” he said. “These are all outsiders, many of them people who have been vocal minorities. How do you transition from there to governing?”

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Summary: White guy is born into a well-to-do family in Southern California. Leads life of privilege and opportunity. Goes to diverse high school and is offended that Mexican Americans and other fellow students of different backgrounds are unwilling to accept the status quo and also want their “piece of the pie.” Voluntarily adopts borderline racist, white supremacist philosophy that converts him into a “persecuted minority” within his own privileged class. Like former boss and mentor Attorney General Jeff Sessions, bristles with righteous self-indignation when anyone has the gall to accuse him of sharing the noxious philosophies of those who have consistently applauded and felt empowered by his rise. Now holds position of power in government he basically despises where he can actively shove his extreme and divisive philosophy down the collective throats of the majority of Americans who don’t share his negative outlook. I suppose that it’s an overall positive for the American political system and its freedom of expression that even a self-created “philosophical minority” like Miller can find success.

PWS

02/11/17

Health: Fear Is Harmful To Your Health — Deportation Anxiety!

https://www.washingtonpost.com/posteverything/wp/2017/02/10/living-in-fear-as-a-refugee-in-the-u-s-is-terrible-for-your-health/?hpid=hp_no-name_opinion-card-f%3Ahomepage%2Fstory&utm_term=.704d0ac8184d

From the Washington Post:

“The damage to the next generation may be compounded by other, less obvious assaults on their biology and psychology. Research by Rachel Yehuda and her colleagues at Mount Sinai Hospital in New York has demonstrated that the consequences of Holocaust survivors’ extreme trauma can be passed down to their children and grandchildren, making them exquisitely sensitive to the ordinary stresses of relatively safe lives. Yehuda and other researchers believe that these are “epigenetic” effects, modifications in the ways genes express themselves, which transmit vulnerabilities to stress from one generation to the next. Though the mechanisms are not completely understood, animal studies as well as those on human adults who were abused as children demonstrate similar changes.

“There is no short-term fix for this kind of damage,” Lori Kaplan commented sadly, thinking about the young people and their families who are anxiously calling her and her colleagues, reporting physical and emotional distress, looking for answers. “We’ve been dealing with the trauma of the immigrant experience for so long,” the flight from violence, the loneliness, the poverty, the struggle to survive in a strange land and the longing for home. “Obama was deporting people, sure, and there was anxiety, but he also gave us hope. And now the roof’s been blown off.”

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PWS

02/11/17

Increased “Raids” And Removals Likely To Be The “New Norm” Under Trump Enforcement Policies

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

“Duh” Articles Of The Week: Rural Trump Supporters Discover They Are Likely To Feel The Brunt Of His Trade & Immigration Policies!

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

The Sessions Era Begins At The USDOJ

https://www.washingtonpost.com/blogs/plum-line/wp/2017/02/09/jeff-sessions-is-now-the-attorney-general-here-are-the-four-biggest-things-to-fear/

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

Undocumented Residents Are Part Of The Fabric Of Our Nation’s Capital

https://www.washingtonpost.com/local/in-trumps-capital-undocumented-immigrants-live-and-work-in-the-shadow-of-the-white-house/2017/02/07/ed837844-e8d3-11e6-b82f-687d6e6a3e7c_story.html

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

WashPost: The Fix: Trump Threatens Third Branch!

https://www.washingtonpost.com/news/the-fix/wp/2017/02/08/president-trump-is-not-so-subtly-threatening-the-american-court-system/?hpid=hp_rhp-top-table-main_trumphearing-1230pm:homepage/story&utm_term=.889ea4d1df98

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

Julia Preston (Retired From The NYT, Now At The Marshall Project) Explains Trump’s Immigration Executive Orders

https://www.themarshallproject.org/2017/02/03/decoding-trump-s-immigration-orders?utm_medium=social&utm_campaign=share-tools&utm_source=facebook&utm_content=post-top#.aYfs86zr3

“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

Watch/Listen To NBC-4’s Northern Virginia Bureau Chief Julie Carey Reporting On Judge Brinkema’s Order!

http://www.nbcwashington.com/news/local/Virginia-Joins-Lawsuit-Against-Immigration-Order_Washington-DC-412739303.html

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PWS

02/04/17

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