"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.
To no one’s surprise, this past week the bipartisan border bill, creatively named “The National Security Act, 2024” and introduced by an all white cast of Senators, failed to pass the chamber. Many Democratic Senators who once stood beside immigration advocates at rallies to push back against the proposal fell in line with their president and voted in favor of a flawed and dangerous bill that would fall short of mitigating migration. None but the beltway nerds and press were paying attention to C-SPAN as the proposal died, triggering Democratic political operatives to salivate over the “gotcha” vote that’ll be used against Republicans on the campaign trail.
Beatriz Lopez Deputy Director Immigration Hub PHOTO: Immigration Hub
For many of us battle-tested, seasoned advocates, there was no true satisfaction at seeing Republicans implode or an undesirable proposal fall apart. Hanging above our heads like a Florida cockroach threatening to fly into our faces was the fact that the Biden administration, Majority Leader Chuck Schumer, Senator Chris Murphy, and Democrats who voted for the bill had officially moved the goalpost on immigration.
‘Tis a slippery slope to empower the nation’s president to shut the border down to block asylum seekers and codify measures to make it nearly impossible to claim asylum and easier and faster to deport people back to dangerous conditions while hoping a developing nation with its own set of serious problems cracks down on vulnerable children and families seeking safety and refuge. To be okay with all of this means you’ve – as Isabel Wilkerson so aptly wrote – gone through a “process, a programming” to dehumanize both the issue and those at our doors, begging for shelter and freedom.
And look I get it. I’ve heard the rhetorical, exasperated questions: what else are Democrats supposed to do when migrants keep coming to the border? When Republicans keep hammering us on the border? And Chicago and New York are struggling to manage those bussed into the cities? And in a pivotal election year, these questions carry an extra ounce of GTFO.
And to them I say – I hear you. I’m listening. I’m worried, too. But I’m not concerned about the tenacity and brilliance of local leaders and NGOs on the ground working to help newly-arrived immigrants to settle in this powerful and abundant country. Or least of all anxious over visionary funders and creative mayors and governors seeking ways to welcome new settlers into regions eager for consumers and workers. I’m not even worried about Trump and Republicans relentlessly attacking Democrats on the campaign trail – it’s nothing new.
What I am truly troubled by is Democrats choosing flight over fight.
The current conundrum that President Biden and Democrats find themselves in goes beyond the challenges of global migration. Since 2017, Democratic messaging has been devoid of pro-immigrant messaging. Were it not because of the loud cries of a toddler separated from her mother and the incredible journalistic accounting that shook the soul of America did it spring even moderate Democrats into action. But, when it came to political advertising and a constant drumbeat of both values-based immigration messaging and Republican accountability on the issue, you had to search far and wide to find solid examples. Thanks to the David Shor’s of the political class, most Democrats chose to avoid the issue, leaving a vacuum gladly filled by Stephen Miller types.
The Democratic choice to neither proudly display their position on immigration or celebrate the immigration wins has left the American people believing they’re for “open borders” or wondering where they stand on the issue and have they done anything on it? What’s worse, they consistently fail to counter their opponent’s radical, Trumpian rhetoric and anti-immigrant ideas. While racist and radical media and online influencers, such as Tucker Carlson, yell anti-immigrant obscenities and the GOP spend millions upon millions trying to convince Americans that immigrants are bad people who are trying to replace them, infiltrate their communities with drugs and crime, and steal their jobs and social security, Democrats have responded by pivoting to other kitchen table issues.
The gradual damage of this messaging to America’s psyche and perception of the other – immigrants – has created the current moment. Now, even reporters from major news outlets are asking me why and how Trump dismantled our immigration system and what actions President Biden had taken to restore the system. The first question often leaves me baffled, for how quick we forget the heinous wrongs of the past, and the second is no surprise, just sad.
It’s really disappointing that not many people, reporters included, don’t know that the Biden administration has taken over 500 actions that have had such a positive impact on women, families, children and workers in the U.S.
No Democrat should be afraid of their immigration shadow. It’s time to stop running away or running to the right of the issue. You can be sensible without spite. Until Republicans can treat the cancer that is Trump, Democrats have to go to bat for the issue with gutsy resolve, bold solutions and radical empathy. They have to be in it for the short and long game. Like investing in an index fund or supporting reproductive rights or gay marriage, it’ll pay off to tell Americans and Republicans that Democrats stand for an immigration system that lives up to our values and meets our nation’s economic demands, that we’ll secure our border with smart and humane solutions – not band-aids that create chaos and jeopardize lives – that we’ll do whatever it takes to deliver a path to citizenship for Dreamers and hard-working immigrants who have waited too long for our government to act, and that we’ll fight like hell against Trump and anyone who threatens to separate families, deport our neighbors en masse, and divide our communities.
No one is immune to mistakes or bad votes. For Democrats, this is a moment to reflect and admit you fucked up. Now do better. Yes, use the vote to hold Trump and Republicans accountable – but don’t you dare use that bill as a model for legislation or campaign rhetoric.
You can’t out-Trump Trump.
Humanize the issue. Show courage and compassion. Talk solutions. Remind voters what and who you stand for and what’s at stake if Trump and anti-immigrant Republicans have it their way. Be disciplined and keep repeating. Throw some money behind that messaging. And I promise you, you’ll win.
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Thanks, Beatriz!
This should be required reading for every Dem politico!
Case in point: A very recent Congressional Budget Office (“CBO”) study reaffirmed what those who work with migrants have always known: Directly contrary to the GOP and media myths, migrants of all types — regardless of status — are a huge source of economic growth for America. They will help fuel a $7 trillion boost in the U.S. economy over the next decade!See, e.g., https://time.com/6692645/immigration-economy-us-gdp-growth-cbo-report/.
But, you sure wouldn’t know this from the one-sided “debate” about migration going on today. The GOP spreads (and the media promotes, largely without critical analysis) blatant lies and myths about the largely fabricated and often self-created “burdens” of migration (see, Abbott, DeSantis). Yet rather than rebutting them and embracing truth, Dems basically look the other way and try to change the conversation.
This has caused them to “run away from” and “downplay” one of the Biden Administration’s most important positive achievements — functioning parole programs that move migrant flows from the “irregular” to the “regular!” Moreover, that processing takes place in advance, outside the United States, rather than adding to the border pressure or becoming part of the overhyped asylum backlog resulting from poor performance by Administrations of both parties and Congress over decades (but hugely aggravated by the Trump kakistocracy). Even the immediate work authorization problem is solved by the advance parole programs.
Are these programs perfect? No, they are far too limited both in terms of numbers and scope of eligible nationalities. They also don’t answer questions about the long-term fate of those paroled. But, they are certainly a step in the right direction that could be built upon and “model” the case for more durable long-term legislative expansions of visa programs.
The GOP’s irrational attacks on what is working and helps our country and the world shows just how little they care about solving problems or the long-term prosperity, stability, and strength of our nation. Yet, the largely indisputable benefits of parole and the willingness of the Administration to engage in creative and successful problem-solving gets scant mention from either the Biden campaign or Congressional Dems.
And, the media is no better. Given the current high-profile of immigration on the national scene, one might reasonably have expected “front page coverage” of the CBO report and findings, particularly since it directly contradicts many of the false claims raised by both parties during the recent failed “Senate compromise” proposal. Instead, even I had to do some “digging” to come up with articles featuring the CBO report.
Curiously, the GOP plays to the most extreme, dangerous, and unreasonable elements of its far right base.
Conversely, Dems run against the values and views of some of the most reasonable, dedicated, and energizing elements of their progressive base.
It’s “Miller Lite Time” @ Garland’s DOJ as this Dude gets the last laugh over immigration/human rights/due process advocates and experts who worked for Biden’s election! — Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com
Every member of the NDPA should be outraged by Garland’s treachery:
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced 17 new Immigration Judges (IJs), including one Assistant Chief Immigration Judge (ACIJ) and six Unit Chief Immigration Judges (UCIJs). ACIJs are responsible for overseeing the operations of their assigned immigration courts. In addition to their management responsibilities, they will hear cases. UCIJs serve as IJs in formal judicial hearings conducted via video teleconference and supervise the staff assigned to their virtual courtroom. IJs preside in formal judicial hearings and make decisions that are final unless formally appealed.
After a thorough application process, Attorney General Merrick B. Garland appointed Megan B. Herndon, Wade T. Napier, Tamaira Rivera, David H. Robertson, Elizabeth Crites, Bryan E. DePowell, Nicholle M. Hempel, Kathy J. Lemke, Martinque M. Parker, David M. Paxton, Bryan D. Watson, Kenya L. Wells, and Mark R. Whitworth to their new positions; then-Acting Attorney General Monty Wilkinson appointed Adam Perl to his new position; then-Acting Attorney General Jeffrey A. Rosen appointed William H. McDermott to his new position; and then-Attorney General William P. Barr appointed Elliot M. Kaplan and Jeb T. Terrien to their new positions.
Biographical information follows:
Megan B. Herndon, Assistant Chief Immigration Judge, Richmond Immigration Adjudication Center
Megan B. Herndon was appointed as an Assistant Chief Immigration Judge to begin supervisory immigration court duties and hearing cases in April 2021. Judge Herndon earned a Bachelor of Arts in 1999 from Occidental College and a Juris Doctor in 2002 from the University of San Diego School of Law. From 2020 to 2021, she served as Senior Regulatory Coordinator, Office of Visa Services, Bureau of Consular Affairs, Department of State (DOS), in the District of Columbia. From 2018 to 2020, she served as Deputy Director of Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, DOS. From 2015 to 2018, she served as Chief of the Legislation and Regulations Division, Office of Visa Services, Bureau of Consular Affairs, DOS. From 2013 to 2015, she served as a Section Chief, Immigration Law and Practice Division, Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in the District of Columbia and Falls Church, Virginia. From 2009 to 2013, she served as an Appellate Counsel, OPLA, ICE, DHS, in Falls
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Church. From 2007 to 2009, she served as an Assistant Chief Counsel, OPLA, ICE, DHS, in San Diego. From 2002 to 2007, she served as an Assistant Chief Counsel, OPLA, ICE, DHS, in Los Angeles, entering on duty through the Attorney General’s Honors Program. Judge Herndon is a member of the District of Columbia Bar and State Bar of California.
Wade T. Napier, Unit Chief Immigration Judge, Richmond Immigration Adjudication Center
Wade T. Napier was appointed as a Unit Chief Immigration Judge to begin supervisory immigration adjudication center duties and hearing cases in April 2021. Judge Napier earned a Bachelor of Science in 2001 from Transylvania University and a Juris Doctor in 2005 from Northern Kentucky University–Salmon P. Chase College of Law. From 2008 to 2021, he served as an Assistant U.S. Attorney for the Eastern District of Kentucky, in Lexington. In 2008, he served as a Staff Attorney for a Trial Court Judge, in Boone County, Kentucky. From 2005 to 2007, he worked in the Claims Litigation Department of Great American Insurance Company, in Cincinnati. Judge Napier is a member of the Kentucky Bar.
Tamaira Rivera, Unit Chief Immigration Judge, Richmond Immigration Adjudication Center
Tamaira Rivera was appointed as a Unit Chief Immigration Judge to begin supervisory immigration adjudication center duties and hearing cases in April 2021. Judge Rivera earned a Bachelor of Science in 1991 from Florida State University, a Juris Doctor in 1995 from California Western School of Law, and a Master of Laws in 2004 from The George Washington University Law School. From 2019 to 2021, she was an Immigration Practitioner with Advantage Immigration PA, in Orlando, Florida. From 2017 to 2019, she served as an Assistant Chief Counsel, Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Orlando. From 2012 to 2017, she served as an Assistant Chief Counsel, OPLA, ICE, DHS, in San Antonio. From 2010 to 2012, she served as an Attorney Advisor and Special Assistant U.S. Attorney, U.S. Air Force, in San Antonio. From 2009 to 2010, she served as a Senior Democracy Fellow, U.S. Agency for International Development, in the District of Columbia. From 2007 to 2009, she was a Senior Associate Attorney and Program Manager with BlueLaw International LLP, in the District of Columbia. From 1996 to 2006, she served as a U.S. Air Force Judge Advocate, in the following locations: Madrid, Spain; Tucson, Arizona; San Antonio; and Okinawa, Japan. Judge Rivera is a member of the District of Columbia Bar and the Florida Bar.
David H. Robertson, Unit Chief Immigration Judge, Richmond Immigration Adjudication Center
David H. Robertson was appointed as a Unit Chief Immigration Judge to begin supervisory immigration adjudication center duties and hearing cases in April 2021. Judge Robertson earned a Bachelor of Science in 1986 from James Madison University, a Juris Doctor in 1989 from the University of Richmond School of Law, and a Master of Laws in 1999 from the Judge Advocate General’s Legal Center and School. From 1990 to 2020, he served as a U.S. Army Judge Advocate in various locations throughout the U.S. and Germany. During that time, from 2010 to 2020, he served as a Military Judge in the following locations: Fort Bliss, Texas; Fort Bragg, North Carolina; Kaiserslautern, Germany; and Fort Stewart, Georgia. While serving as a Military Judge, he also presided over trials in Kuwait and Afghanistan. From 2004 to 2006, he served as a Regional Defense Counsel; from 1999 to 2001, as a Senior Defense Counsel; from 1995 to
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1997, as a Prosecutor; and from 1993 to 1995, as a Defense Counsel. From 1995 to 1996, he deployed to Bosnia-Herzegovina, and from 2007 to 2008, he deployed to Kosovo. In 2020, he retired in the rank of Colonel. Judge Robertson is a member of the Virginia State Bar.
Elizabeth Crites, Immigration Judge, Chicago Immigration Court
Elizabeth Crites was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Crites earned a Bachelor of Arts in 2005 from Ball State University and a Juris Doctor in 2009 from the University of Illinois Chicago John Marshall Law School. From 2016 to 2021, she served as an Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Chicago. From 2009 to 2016, she was an Associate Attorney with Broyles, Kight & Ricafort PC, in Chicago. Judge Crites is a member of the Illinois State Bar.
Bryan E. DePowell, Immigration Judge, Adelanto Immigration Court
Bryan E. DePowell was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge DePowell earned a Bachelor of Arts in 2007 from the University of Hawai’i at Manoa and a Juris Doctor in 2009 from Widener University Commonwealth Law School. From 2019 to 2021, he served as a Deputy Prosecuting Attorney, Felony Trials Division – Office of Prosecuting Attorney, City and County of Honolulu. From 2018 to 2019, he served as Chief Counsel for the House Minority Research Office, State of Hawai’i, in Honolulu. From 2012 to 2018, he was an Associate Attorney with Crisp and Associates LLC, in Harrisburg, Pennsylvania. Judge DePowell is a member of the Hawaii State Bar and the Pennsylvania Bar.
Nicholle M. Hempel, Immigration Judge, Houston – Greenspoint Park Immigration Court
Nicholle M. Hempel was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Hempel earned a Bachelor of Arts in 1996 from California State University, Fresno and a Juris Doctor in 2000 from Chicago-Kent College of Law. From 2010 to 2021, she served as an Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles. From 2003 to 2010, she served as an Assistant State Attorney with the Cook County State’s Attorney’s Office, in Chicago. From 1998 to 2003, she served as a Law Clerk for the First Municipal District, Circuit Court of Cook County, in Chicago. Judge Hempel is a member of the Illinois State Bar.
Kathy J. Lemke, Immigration Judge, Portland Immigration Court
Kathy J. Lemke was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Lemke earned a Bachelor of Arts in 1994 from the University of Chicago and a Juris Doctor in 1997 from Arizona State University School of Law. From 2019 to 2020, she served as the City Prosecutor for Phoenix. From 2009 to 2019, she served as an Assistant U.S. Attorney for the District of Arizona, in Phoenix. From 2004 to 2009, she served as an Assistant City Prosecutor for Phoenix. In 2003, she served as a Deputy County Attorney for Pinal County in Florence, Arizona. From 1998 to 2003, she served as a Deputy County Attorney for Maricopa County, in Phoenix. Judge Lemke is a member of the State Bar of Arizona and the District of Columbia Bar.
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Martinque M. Parker, Immigration Judge, Houston – Greenspoint Park Immigration Court
Martinque M. Parker was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Parker earned a Bachelor of Arts in 2005, a Bachelor of Science in 2006 from the University of Georgia, and a Juris Doctor in 2011 from the University of Arkansas at Little Rock William H. Bowen School of Law. From 2017 to 2021, she served as an Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Lumpkin, Georgia. From 2011 to 2017, she served as a Deputy Prosecuting Attorney, in Little Rock, Arkansas. Judge Parker is a member of the Arkansas Bar and the State Bar of Georgia.
David M. Paxton, Immigration Judge, Houston – Greenspoint Park Immigration Court
David M. Paxton was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Paxton earned a Bachelor of Science in 1998 from Texas State University, a Master of Business Administration in 2004 from the University of Texas at Austin, and a Juris Doctor in 2009 from Santa Clara University School of Law. From 2015 to 2021, he served as an Assistant U.S. Attorney for the Southern District of Texas, in McAllen and Corpus Christi. From 2011 to 2015, he served as a Deputy District Attorney for the San Luis Obispo County District Attorney’s Office, in San Luis Obispo, California. From 2010 to 2011, he served as a Special Assistant U.S. Attorney for the Criminal Division of the Northern District of California, in San Jose. From 1997 to 2004, he served as a Systems Engineer for Advanced Micro Devices and Legerity Inc., in Austin, Texas. Judge Paxton is a member of the State Bar of California.
Bryan D. Watson, Immigration Judge, Atlanta – W. Peachtree Street Immigration Court Bryan D. Watson was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Watson earned a Bachelor of Arts in 1993 from the University of Missouri, a Juris Doctor in 1996 from the University of Missouri, a Master of Arts in 2006 from Air University, and a Master of Science in 2014 from the National Defense University. From 2019 to 2021, he served as the Chief Trial Judge of the U.S. Air Force Trial Judiciary, at Joint Base Andrews, Maryland. From 2017 to 2019, he served as the Commandant of the U.S. Air Force Judge Advocate General’s School, at Maxwell Air Force Base, Alabama. From 2014 to 2017, he served as the General Counsel of the White House Military Office, in the District of Columbia. From 1996 to 2021, he served as a U.S. Air Force Active Duty Judge Advocate, in the following locations: Moody Air Force Base, Georgia; Francis E. Warren Air Force Base, Wyoming; Langley Air Force Base, Virginia; Maxwell Air Force Base, Alabama; Randolph Air Force Base, Texas; Joint Base Andrews, Maryland; Aviano Air Base, Italy; and the Pentagon, White House, Bolling Air Force Base, and Fort McNair, District of Columbia. He retired from the U.S. Air Force in 2021 as a Colonel. Judge Watson is a member of the State Bar of Georgia and the Missouri Bar.
Kenya L. Wells, Immigration Judge, Houston – Greenspoint Park Immigration Court
Kenya L. Wells was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Wells earned a Bachelor of Science in 2007 from Texas A&M University and Juris Doctor in 2010 from the University of Texas School of Law. From 2017 to 2021, he served as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the District of Columbia. From 2010 to 2016, he served as an Assistant District Attorney with the New York County District Attorney’s Office, in New York. Judge Wells is a member of the New York State Bar.
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Mark R. Whitworth, Immigration Judge, Houston – Greenspoint Park Immigration Court
Mark R. Whitworth was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Whitworth earned a Bachelor of Journalism in 1985 and a Juris Doctor in 1993, both from the University of Texas at Austin. From 2003 to 2021, he served as an Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Harlingen, Texas. From 2001 to 2003, he served as an Assistant District Counsel with the former Immigration and Naturalization Service, Office of the District Counsel, Department of Justice, in Harlingen. From 1994 to 2001, he served as an Assistant Attorney General and an Assistant Managing Assistant Attorney General for the Texas Office of the Attorney General, in Harlingen. From 1993 to 1994, he was an Associate Attorney with Roerig, Oliveira and Fisher LLP, in Brownsville, Texas. Judge Whitworth is a member of the State Bar of Texas.
Adam Perl, Immigration Court, New York – Broadway Immigration Court
Adam Perl was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge Perl earned a Bachelor of Arts in 2006 from Florida International University and a Juris Doctor in 2011 from St. Thomas University School of Law. From 2018 to 2021, he served as a Deputy Chief Counsel, Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in New York. From 2016 to 2018, he served as an Assistant Chief Counsel, OPLA, ICE, DHS, in Newburgh, New York; from 2014 to 2016, he served as an Assistant Chief Counsel, in New York; and from 2011 to 2014, he served as an Assistant Chief Counsel, in Los Angeles. Judge Perl is a member of the Florida Bar.
William H. McDermott, Immigration Judge, New York – Federal Plaza Immigration Court
William H. McDermott was appointed as an Immigration Judge to begin hearing cases in April 2021. Judge McDermott earned a Bachelor of Arts in 2007 from Long Island University and a Juris Doctor in 2011 from The Catholic University of America Columbus School of Law. From 2019 to 2021, he served as the Deputy State’s Attorney for Wicomico County, Maryland. From 2011 to 2019, he served as an Assistant State’s Attorney, Deputy State’s Attorney, and Ad Interim State’s Attorney, in Worcester County, Maryland. Judge McDermott is a member of the Maryland State Bar.
Elliot M. Kaplan, Unit Chief Immigration Judge, Richmond Immigration Adjudication Center
Elliot M. Kaplan was appointed as a Unit Chief Immigration Judge to begin supervisory immigration adjudication center duties and hearing cases in April 2021. Judge Kaplan earned his Bachelor of Arts in 1998 from Antioch University, a Master of Business Administration in 1982 from Whittier College, and a Juris Doctor in 1982 from Whittier Law School. From 2019 to 2020, he was Of Counsel to Kutak Rock LLP, in Kansas City, Missouri. From 2004 to 2019, he was in private practice, in Kansas City. From 1995 to 2003, he was a Partner and Founder of Daniels & Kaplan PC, in Detroit and Kansas City. From 1991 to 1994, he was Of Counsel to Berman, DeLeve, Kuchan & Chapman LLC, in Kansas City. From 1990 to 1991, he was Of Counsel to DeWitt, Zeldin & Bigus PC, in Kansas City. From 1985 to 1990, he was Of Counsel to Husch, Eppenberger, Donohue, Cornfeld & Jenkins, in Kansas City. From 1983 to 1985, he was Assistant General Counsel and Assistant Secretary of Air One Inc., in St. Louis. Judge Kaplan is a member of the Missouri Bar.
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Jeb T. Terrien, Unit Chief Immigration Judge, Richmond Immigration Adjudication Center
Jeb. T. Terrien was appointed as a Unit Chief Immigration Judge to begin supervisory immigration adjudication center duties and hearing cases in April 2021. Judge Terrien earned a Bachelor of Science in 1994 from The University of Virginia and a Juris Doctor in 1997 from Tulane Law School. From 2009 to 2021, he served as a Managing Assistant U.S. Attorney and Assistant U.S. Attorney for the Western District of Virginia, in Harrisonburg. During that time, from 2014 to 2015, he served as an Assistant Director, National Advocacy Center, Office of Legal Education, Executive Office for U.S. Attorneys, Department of Justice, in Columbia, South Carolina. From 2004 to 2008, he served as an Assistant U.S. Attorney for the Southern District of Ohio, in Cincinnati, and the Northern District of West Virginia, in Martinsburg. From 2000 to 2004, he served as a Regional Drug Prosecutor for the Commonwealth of Virginia in Halifax, Charlotte, and Campbell Counties. From 1999 to 2000, he served as an Assistant Attorney General with the Virginia Attorney General’s Office, in Richmond. From 1998 to 1999, he served as an Assistant Commonwealth’s Attorney for the Accomack County Commonwealth’s Attorney’s Office in Accomac, Virginia. Judge Terrien is a member of the Virginia State Bar.
— EOIR —
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There’s a powerful message here NDPA! Elections DON”T matter, nor does your expertise, dedication, and hard work! Maybe it will be time to act on that message during the next election cycle. Stephen Miller? Judge “MillerLite?” What’s the real difference?
Here are some “early reactions” from the NDPA:
I just looked quickly, but was there only one new IJ coming from private practice? When I looked up the firm, it doesn’t practice immigration law.
I didn’t recognize any names. Shouldn’t the goal be to hire those with a scholarly understanding of immigration law, including at least some who have demonstrated a creative approach to asylum?
My take is why not put new IJ hiring on pause until the agency has figured out how it intends to move forward? EOIR should have their new Chief IJ in place, have revamped the IJ training, have figured out what AG precedents it intends to vacate, etc. Also, the quotas are still in place.
When new IJs with no immigration law background come on board, should they feel they can’t continue a case to study the law or consult with a colleague because they have to complete 4 cases that day to avoid being fired?
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Ah, Justice from “Miller Lite” Justice @ Justice. What a “poke in they eyes with a sharp stick” to the immigration/human rights bar!
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Thanks for sharing Judge Schmidt. In addition to the new hires, it’s deeply concerning that AG Garland’s DOJ is expanding its use of secretive and inaccessible immigration adjudication centers- opening a new location in Richmond, Virginia.
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Of 14 IJs appointed under Biden (Acting AG Wilkinson or AG Garland), 7 have worked for ICE, 5 have been prosecutors of other types, 2 have worked for ICE and been prosecutors, and 2 have worked as immigration defense attorneys (though these two have also worked for ICE).
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It is completely baffling. Two working theories: 1) EOIR is just so far down Garland’s radar that he just doesn’t care or have time to care; or 2) he has made a political decision to “hang tough” on immigration for the optics and to stave off Rethuglican encroachment in the mid-terms.
Neither theory speaks well of him.
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I don’t see how dissing the immigration/human rights bar is the key to success for the Dems in the midterms. I personally know lots of NDPA members who “busted tail” and donated lots of time and money to getting Biden & Harris elected. Don’t think that the “elections don’t matter for human rights/immigration/due process/racial justice” is going to “energize the base” for the midterms.
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I have essentially lost hope that anything will change….
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I guess this answers the question of whether establishing an independent, progressive, due process focused Immigration Judiciary within the Executive Branch is possible. Obviously, it isn’t! Litigation and Article I appear to be the only solutions.
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What is that old adage, “the more things change the more they stay the same”???
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🇺🇸🗽⚖️Due Process Forever! We need to translate Garland’s blatant disrespect, ignorance, and failure to stand up for racial justice, an end to misogyny, and progressive expertise in the Immigration Judiciary into action and resistance to his “Miller Lite” vision for the DOJ!
