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According to reports, next week's enforcement actions will focus (nearly) entirely families ordered removed on 10 immigration court "rocket dockets" the admin implemented last September.
I spoke with some attorneys this week about these "FAMU" dockets and they are A MESS ⬇️⬇️⬇️
I spoke with some attorneys this week about these "FAMU" dockets and they are A MESS ⬇️⬇️⬇️
First, off rocket dockets were used by the Obama administration too & there were serious concerns then: nbcnews.com/news/us-news/o…
BUT the FAMU docket is FAR more aggressive:
- mandates complete adjudication <1 year (Obama just mandated 1st hearing within a month)...
BUT the FAMU docket is FAR more aggressive:
- mandates complete adjudication <1 year (Obama just mandated 1st hearing within a month)...
- The Obama admin encouraged the use of continuances & admin closure to ensure fair adjudication, but Trump has narrowed or entirely ended these tools
These variations likely (partially) explain why far fewer families show up to Trump's hearings: 82% have ended in absentia
These variations likely (partially) explain why far fewer families show up to Trump's hearings: 82% have ended in absentia
But there are more problems:
NOTICE
The breakdown in southern border procedures means families are not getting court notices upon release (or if they are they have no or incorrect court dates). Instead, the notice is sent to whatever address the family happens to know & give...
NOTICE
The breakdown in southern border procedures means families are not getting court notices upon release (or if they are they have no or incorrect court dates). Instead, the notice is sent to whatever address the family happens to know & give...
Even if the family gives a proper address, many notices aren't arriving & even if they do, the notice is in English.
One attorney said the only families showing up were handed Google map print outs w/ dates written by their ATD officers (but only a fraction are enrolled in ATDs)
One attorney said the only families showing up were handed Google map print outs w/ dates written by their ATD officers (but only a fraction are enrolled in ATDs)
REPRESENTATION
Access to representation is already a problem in immigration courts, and even more so on accelerated dockets b/c migrants get little time to find & retain counsel (& counsel even less time to prepare).
But these cases are so fast & so aggressive...
Access to representation is already a problem in immigration courts, and even more so on accelerated dockets b/c migrants get little time to find & retain counsel (& counsel even less time to prepare).
But these cases are so fast & so aggressive...
many private attorneys are turning them away. This is leaving pro bono organizations overwhelmed and similarly forces them to turn some cases away.
(Worth noting here that families with attorneys are 10 times more likely to be granted some sort of relief from removal.)
(Worth noting here that families with attorneys are 10 times more likely to be granted some sort of relief from removal.)
SEPARATION OF FAMILIES' CASES
There have been reports of children on these dockets alone, while their parents fight separate cases, further compounding the vulnerabilities.
Imagine a judge telling a child that she has 1 month to file a paperwork asylum application, in English.
There have been reports of children on these dockets alone, while their parents fight separate cases, further compounding the vulnerabilities.
Imagine a judge telling a child that she has 1 month to file a paperwork asylum application, in English.
All this is relevant to the admin's assertion the families "had their day in court" & now should be subject to enforcement.
If they were truly given due process-yes, they should be removed. But instead, these families were churned through a machine designed to generate removals.
If they were truly given due process-yes, they should be removed. But instead, these families were churned through a machine designed to generate removals.
