The admin is rolling out policies to weaponize the immigration court system, and in a few minutes the Senate Judiciary Cmmtte will be asking questions of the court system’s director. I’ll be live tweeting throughout. A few things to know at the outset: judiciary.senate.gov/meetings/stren…
(1) Last week, DOJ announced it will be terminating two programs that give basic legal orientations to immigrants facing deportation without representation. #SaveDueProcess #SaveLOP
washingtonpost.com/local/immigrat…
(2) DOJ also recently announced it will be imposing case quotas on immigration judges, a move slammed by current and former immigration judges as a “disaster” that will only slow down case processing and tank judicial efficiency
latimes.com/politics/la-na…
(3) These are only two in a series of policy moves that are jeopardizing the
ability of immigrants to get lawyers, access basic due process rights, and
access asylum and other protections. #SaveDueProcess
We’ve tried to put it all in one place here: immigrantjustice.org/research-items…
The hearing room is packed @NIJC @CAIRCoalition @verainstitute @AILANational @immcouncil @josh_bernstein @claudia @UDCLaw @UMDLaw
.@JohnCornyn is introducing the hearing. "Many agree our immigration courts need to change." Cites the staggering 680,000 case backlog in the imm courts. Refers to his home state of Texas where people have to wait an average of 884 days for a hearing.
@DOJ_EOIR Director McHenry opens with testimony noting the challenges facing immigration courts and then immediately betrays a political agenda by praising the imposition of case quotas on imm judges, a move opposed by his own judges' union. thedailybeast.com/new-quotas-for…
As Dir. McHenry explains that immigrants are entitled to an attorney at their own expense, seems a good time to remember that more than 4 out of 5 detained immigrants cannot access a lawyer to represent them in immigration court.
americanimmigrationcouncil.org/research/acces…
.@SenatorDurbin questions McHenry about LOP. McHenry says, "We have not shut down or terminated the program" but will instead "pause." @NIJC and other LOP providers know what that means: termination. Programs will shut down, attorneys will lose their jobs. immigrantjustice.org/press-releases…
.@maziehirono refers to imm judge quotas as treating judges like they're on an assembly line. One former imm judge says the plan constitutes "an attempt to undermine judicial independence and compel immigration judges to look over their shoulders ..." washingtonpost.com/opinions/jeff-…
.@maziehorono reminds us that kids in court don't have appointed counsel. GAO rep Rebecca Gambler testifies that when people have representation in court, "it does help them move through the process more efficiently." washingtonpost.com/world/national…
A lot of misleading and confused questions about yesterday's SCOTUS decision in Dimaya. Good explainer here from Dara Lind at Vox.
.@amyklobuchar asks if Dir. McHenry would commit to re-start LOP if a new review shows benefits. He says basically, sure. Reminder: a 2012 DOJ study of LOP showed cost and efficiency savings. Also there is absolutely no reason the program must be stopped to allow for a study.
Audible surprise in the hearing room that there is no e-filing in the immigration court system. @amyklobuchar says it brings her back to the days of running to court with paper filings. Says not having efiling is a "symptom" of the imm court system dysfunction.
.@SenatorDurbin brings it back to LOP, asks how people will learn about the imm court system w/out it. McHenry says imm judges give advisals of rights. This is ridiculous. Due process demands SO much more than a minimal recitation of rights from the bench #SaveDueProcess #SaveLOP
Second panel starting now: witnesses ABA president Hilarie Bass, Imm Judge and president of the IJ union Ashley Tabaddor, and former Imm Judge Art Arthur who is a fellow at the Center for Immigration Studies, an SPLC-designated hate group. More about CIS: splcenter.org/fighting-hate/…
.@ABAPresident speaks forcefully to proper role of the judge, which doesn't in any way replace LOP or help desk programs. "Why would you terminate the ability of people who neither speak the language nor have access to counsel to have an understanding of basic legal rights?"
National Assoc. of Imm Judges Pres. Ashley Tabaddor testifies that EOIR's placement under DOJ fractures the very foundation of the immigration court system. She identifies the fundamental problem: operating a court system under a law enforcement model.
On behalf of imm judges union, Judge Tabaddor slams DOJ imposition of case quotas. Says judges "cannot possibly be viewed as impartial" when decisionmaking is impacted by job security concerns. "The end result will be an increase in the backlog and a complete loss of integrity."
Art Arthur is asked how to fix the imm court system and answers "detention." So, to translate: jailing asylum seekers. Which ICE already does in historically alarming numbers. The hearing becomes a riff on extremist anti-immigrant policy wish lists. immigrantjustice.org/staff/blog/7-r…
Hearing adjourned. I'll be walking out with @NIJC client Roberto, a refugee who won asylum in the United States after spending five months in detention, with pro bono lawyers from Jones Day helping him navigate two different immigration courts and complex laws. #SaveDueProcess
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