ABA COMMISSION ON IMMIGRATION CONFIRMS WHAT I’VE BEEN BEEN SAYING ALL ALONG: IMMIGRATION COURTS ARE “FUBAR” & INTENTIONALLY BEING MADE WORSE BY TRUMP ADMINISTRATION’S “MALICIOUS INCOMPETENCE”
Washington, DC. At a public meeting today at the National Press Club, the ABA Commission on Immigration rolled out its 2019 update to its 2010 report on “Reforming the Immigration System.” ABA President Bob Carlson led off by strongly reinforcing the organization’s commitment to Due Process and equal justice for all. Legislation, restructuring, and reform are the three themes.
In short, most of the helpful suggestions in the 2010 report were ignored. Some of the few that were implemented by the Obama Administration, the most helpful of which was more widespread use of prosecutorial discretion to rationalize court dockets, were intentionally reversed by the Trump Administration. The Trump Administration is mindlessly leading a “race to the bottom” where fairness, impartiality, scholarship, efficiency, and due process have incredibly and inexcusably regressed while backlogs have grown exponentially as a result.
One of the key findings was that under the Trump Administration, “policies have been put in place that seek to limit access to asylum, counsel, and the courts themselves. There is little regard for the human cost of detention and deportation.”
The solution set forth by the ABA is very straightforward: Congress must create an independent Article I U.S. Immigration Court outside the Executive Branch. Until that happens, justice and due process will continue to be compromised in Immigration Court, and our entire legal system will be endangered.
One of the most astute observations by the panelists was that putting more new judges into the current dysfunctional court system would be counterproductive. Every American should be ashamed of the Trump Administration’s “maliciously incompetent” maladministration and intentional abuse of our Immigration Court system. When asked about what they could do to address this national disgrace, panelists told the audience to “contact your legislators and demand action on Article I and other essential reforms contained in the report.”
At the end of the presentation, the ABA presented an award to Arnold & Porter partner Larry Schneider for the firm’s help in researching and preparing the report.
FULL DISCLOSURE: I previously was a witness before the ABA Commission.
Here’s a link to the complete two-part report and relating materials: https://www.americanbar.org/groups/public_services/immigration/
PWS
03-20-19