Thread: PROPOSAL TO MOVE IMMIGRATION COURTS OUT OF DOJ

Lawyers Back Creating New Immigration Courts

By JULIA PRESTON

Published: February 8, 2010

Responding to pleas from immigration judges and lawyers who say the nation’s immigration courts are faltering under a crushing caseload, the American Bar Association called Monday for Congress to scrap the current system and create a new, independent court for immigration cases.


Judge Dana L. Marks of San Francisco said judges often felt overwhelmed.

In a vote at its semiannual meeting in Orlando, Fla., the lawyers’ organization endorsed a recommendation for a separate immigration court system that would be similar to federal courts that decide tax cases.

Behind the seemingly arcane proposal was a portrait of the nation’s immigration courts besieged with new cases arising from an intensified federal crackdown on illegal immigration, and challenged by critics who doubt the courts’ impartiality. The lawyers described the courts’ condition in a report of more than 1,500 pages released last week.

The immigration courts are not courts at all in the way Americans generally think of them. They are part of the Department of Justice, not the federal judiciary, and the judges, although they wear robes and sit in formal courtrooms, are employees of the attorney general.

While Congress has debated since 2006 an overhaul of the immigration system that would include measures to give legal status to millions of illegal immigrants, proposals for fixing the courts have been largely ignored.

But the courts have become “an overwhelmed system choked by an exploding caseload,â€

It should be easy enough, just ask...Did you enter the country illegally? if so deport them, end of story!! enforce the laws and they will stop comming!

nation’s immigration courts are faltering under a crushing caseload

Yea Congress, fix the caseload! End the outrageous chain migration!!!!!!!!

Dixie

I agree that the immigration courts should be out from under the jurisdiction of the DoJ. These judges need to stand alone without extra paperwork in filing reports to another department, especially one that sees the top brass going on wild political swings. I don't necessarily like the idea of political appointees running the system, but at least there will not be another rung of hierarchy to answer to.
I would make a great judge and get rid of the overload quickly: Guilty, deport!

Originally Posted by SOSADFORUS

It should be easy enough, just ask...Did you enter the country illegally? if so deport them, end of story!! enforce the laws and they will stop comming!

Do you really think none of them would lie to get to stay here?

Originally Posted by JohnDoe2

Originally Posted by SOSADFORUS

It should be easy enough, just ask...Did you enter the country illegally? if so deport them, end of story!! enforce the laws and they will stop comming!

Do you really think none of them would lie to get to stay here?

Well if they did not enter the country illlegally then they should have passport, visa etc right.

And yes I think everyone of them would lie, but that should be easy enough to prove, infact they would not be there if they had legal papers.

Or I am missing your point.

SOSADFORUS wrote:
It should be easy enough, just ask...Did you enter the country illegally?

All you said was "Just ask . . .Did you enter the country illegally".
You didn't say anything about
"Well if they did not enter the country illlegally then they should have passport, visa etc right."
in your original statement.

Double post

Originally Posted by SOSADFORUS

Originally Posted by JohnDoe2

Originally Posted by SOSADFORUS

It should be easy enough, just ask...Did you enter the country illegally? if so deport them, end of story!! enforce the laws and they will stop comming!

Do you really think none of them would lie to get to stay here?

Well if they did not enter the country illlegally then they should have passport, visa etc right.

And yes I think everyone of them would lie, but that should be easy enough to prove, infact they would not be there if they had legal papers.

Or I am missing your point.

You would be shocked over the number of False claims to U.S. Citizenship we come across. As an Immigration Officer, in order to arrest a suspected illegal alien, you must establish two basic elements which are Alienage and Removability. Once alienage is established, the removability part is easy, however proving alienage is not always as easy as many people think. Although the burden of proof falls on the alien to establish his legality and or U.S. Citizenship, the burden of proof falls on the Gov to prove his alienage, that is that the suspected alien is foreign born. Now you might ask, well that should be real easy, just check the aliens Immigration record right? Well that is if the alien has an Immigration record. Remember, if someone jumped the border and sneaked into the country, then they have no Immigration record because the Government is unaware of their existence. Technically, an illegal alien is a ghost.
Now when you encounter that alien for the first time, and question him about his citizenship, he can claim that he was born in the U.S.
At that point, it is incumbant upon law enforcement to not only disprove his assertion that he was born in the U.S., but to prove that he was born somewhere else. So in essense, you as a Gov official must prove a negative. In other words, you must prove that something does not exist, or that it is not the case that someone is a U.S. Citizen. Then, in the absence of any evidence that the alien is foreign born, the only way to disprove the alien's claims to citizenship then is to guess which country you think that person might be a native of, since the alien insists that he is a citizen of the U.S., and contact the Government of that country to see if the person is in fact a citizen of that country, provided that the alien has provided you with his true and correct name and not an alias(illegal aliens almost never use their true names), and that the likely nation in which you believe the person is a citizen of is in fact the correct country of origen for that person, and good luck getting a reliable answer to that question if it is a third world country.

Remember, many illegal aliens have been here since they were very young, speak perfect English, and have deep routes in the community, they have attended elementary school, high school, and in some cases even college in the United States. Many of them have established themselves in the United States, and identify themselves as Americans and will not hesitate to boldly lie about their citizenship to Law Enforcement officials, Judges and courts. They do it because they know they have nothing to lose by doing it. False Claim to U.S. Citizenship is a Federal Crime, however, the Gov rarely prosecutes for it, and the illegals know this.