⚖️🗽🇺🇸TEA IVANOVIC @ IMMIGRANT FOOD INTERVIEWS ME ON DYSFUNCTIONAL IMMIGRATION COURTS: “They are not the courts that you think of when you think of our judicial system. . . . He’s pretty blunt about the ways in which the immigration court system is highly dysfunctional,” Says Tea In Her Intro! 

 

Editor’s Note – July

Dear Reader,

For this month’s Think Table issue, we delve into the dysfunctional U.S immigration court system. The U.S. constitution states that our judicial system is a ‘separate but equal part’ to our democracy. But immigration courts have nothing to do with that. They fall under the Department of Justice, and immigration judges have a boss, the Attorney General. As we’ve seen in recent times, that can be a highly politicized position. Additionally, the lack of technology and the ever-growing backlog of cases leave many immigrants and asylum seekers waiting an average of two years just to schedule a court proceeding!

For this issue, we spoke with Judge Paul Schmidt, a former federal immigration judge. He’s pretty blunt about the ways in which the immigration court system is highly dysfunctional.

We hope you enjoy this issue as much as we do.

Téa

Here’s a link to the “video short:”

https://www.youtube.com/watch?v=QDDV83vSuHY

Here’ the “complete issue” which contains a reprint of an article from Sarah Pierce“Obscure but Powerful: Shaping U.S. Immigration Policy through Attorney General Referral and Review.” 

https://immigrantfood.com/the-think-table/

And here’s the terrifically talented Tea:

Tea Ivonovic
Tea Ivanovic
Chief Operating Officer
ImmigrantFood.com
PHOTO: Immigrant Food

Born in Belgium to parents from the former Yugoslavia and recruited to the United States by Virginia Tech’s Division 1 Varsity tennis team, Téa calls herself an immigrant squared. She still can’t figure out if Serbian, Flemish or English is her native language – she speaks all of them equally. Her professional career includes creating and implementing strategic communications for international policy and politics at a Washington D.C. think tank, and global financial matters at a financial public and media relations firm. Téa was the first Washington Correspondent for Oslobodjenje, Bosnia and Herzegovina’s oldest newspaper and leading news outlet in the Western Balkans. She graduated with a master’s degree from the Johns Hopkins’ School of Advanced International Studies (SAIS).

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Yeah, I’m pretty blunt! But, this is a totally screwed up system that threatens our democracy!

So, many of us out here in the NDPA think it’s a dire emergency, even if Judge Garland and the Biden Administration prefer to ignore the obvious and shun the immediate solutions!

Judge Garland’s failure to implement basic constitutional, personnel, and management reforms @ EOIR is undermining justice in America and tarnishing his reputation. Also, it’s  potentially killing innocent folks. Sure sounds like a “national Constitutional emergency” to me!

Thanks to Tea for making this “accessible” report on a huge, largely unaddressed, democracy threatening problem. Tell Judge G to fix EOIR now!

🇺🇸Due Process Forever!

PWS

07-01-21

🤮KAKISTOCRACY KORNER: Trump Regime’s “Malicious Incompetence” 🤡 Bankrupts Once-Self-Supporting Government Agency — With No Mission, No Leadership, No Integrity, & Low to No Morale, USCIS Seeks “Taxpayer Bailout” 💸🔥 From Congress!

Geneva Sands
CNN Digital Expansion 2019, Geneva Sands
Phil Mattingly
Phil Mattingly
Congressional Correspondent
CNN

https://apple.news/AOZfzNDVvT0Oxx63CeRSlyw

Geneva Sands & Phil Mattingly report for CNN:

Federal immigration agency to furlough employees unless Congress provides funding

6:05 PM EDT May 26, 2020

US Citizenship and Immigration Services, the federal agency responsible for visa and asylum processing, is expected to furlough part of its workforce this summer if Congress doesn’t provide emergency funding to sustain operations during the coronavirus pandemic.

“Unfortunately, as of now, without congressional intervention, the agency will need to administratively furlough a portion of our employees on approximately July 20,” USCIS Deputy Director for Policy Joseph Edlow wrote in a letter sent to the workforce on Tuesday. 

Earlier this month, the agency — which has 19,000 government employees and contractors working at more than 200 offices — requested $1.2 billion from Congress due to its budget shortfall. 

Since then, the agency, a component of the Department of Homeland Security, has been working with members of Congress and their staffs to educate Capitol Hill on the agency’s finances and operations. 

Communications from the agency to Congress have grown more urgent as the threat of potential rolling furloughs could number in the thousands, according to one source familiar with the discussions.

The goal would be to attach the needed funds to the next coronavirus relief bill, which lawmakers plan to negotiate next. Still, with both parties far apart on any resolution, there is currently no clear pathway for lawmakers to fulfill the emergency request.

The immigration agency is primarily fee-funded and typically continues most operations during lapses in funding, such as last year’s government shutdown. However, during the pandemic the agency suspended its in-person services, including all interviews and naturalization ceremonies.

“Due to the COVID-19 pandemic, USCIS has seen a dramatic decrease in revenue and is seeking a one-time emergency request for funding to ensure we can carry out our mission of administering our nation’s lawful immigration system, safeguarding its integrity, and protecting the American people,” said a USCIS spokesperson. 

The agency proposed a 10% surcharge on USCIS application fees to reimburse taxpayers at a later time. USCIS previously estimated that application and petition receipts will drop by approximately 61% through the end of fiscal year 2020, exhausting funding this summer, according to the agency. 

Sarah Pierce, a policy analyst for the US Immigration Policy Program at the Migration Policy Institute, told CNN earlier this month that USCIS’ depleted funds are the “inevitable result” of the administration’s policies, which decreased the number of petitions — and thus fees — received by the agency. 

“Between the end of fiscal years 2017 and 2019, USCIS received nearly 900,000 fewer petitions. This decrease was largely driven by the administration’s own decisions, such as ending Temporary Protected Status for nationals of several countries or drastically decreasing the number of refugees admitted to the United States,” she said. 

. . . .

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Read the rest of the article at the link.

Sarah Pierce of MPI is totally right! This self-created “emergency” has to do mostly with the Trump regime’s ill-advised decision to turn what was supposed to be an agency providing impartial, expert, professional services to the public, and specifically the immigrant community, into a “junior branch of DHS enforcement.”

The need for a bailout or huge fee increases appears specious. How about giving USCIS the money that the regime illegally reprogrammed for Trump’s unneeded wall or the money used to maintain unfilled detention spaces and unneeded detention programs? 

Right now, USCIS is engaged in improperly “slow walking” naturalization applications to prevent new citizens from being able to vote in the Fall 2020 elections. As a minimum requirement for further bailout, Congress should require that the “Naturalization Program” be removed from USCIS and returned to the supervision of the Article III Federal Courts.

I actually was once a “big fan” of “administrative naturalization,” believing that it could be  done most efficiently and with the best public service by adjudicators serving within the Examinations Branch of the “Legacy INS” which eventually “morphed” into USCIS. I supported the concept and helped lay the groundwork for it during my time at the “Legacy INS.”

The Trump kakistocrats have proved me wrong. The function is too important, too politicized, and too tied into the White Nationalist anti-immigrant agenda to remain within the Executive Branch. It also requires competent, professional, apolitical leadership which does not exist within today’s “DHS mass of disastrous politicized incompetence.”

PWS

05-27-20