Justice Dept memo warns judges against being too sympathetic in child immigrant cases

BY JOHN BOWDEN - 12/23/17 09:06 AM EST

A Justice Department memo issued this week contains changes to guidelines for questioning unaccompanied children in the country illegally, and directs judges to try such cases fairly despite "sympathetic allegations" that such cases may include.

The memo, issued Dec. 20 by the Executive Office for Immigration Review and obtained by Reuters, eliminates previously-issued language instructing officials on “child-sensitive questioning” and requests judges be skeptical of minors who it says may be abusing the system.

An unaccompanied minor “generally receives more favorable treatment under the law than other categories of illegal aliens,” the memo claims, which creates “an incentive to misrepresent accompaniment status or age in order to attempt to qualify for the benefits.”

Other changes to department policy include changes to rules meant to make unaccompanied minors comfortable before court proceedings. Language that previously allowed children to explore a courtroom before trial proceedings, including the judge's bench, has been changed to allow this only “to the extent that resources and time permit." The judge's bench is now strictly off limits.

A spokeswoman for the National Association of Immigration Judges suggested the changes were part of a Trump administration effort to increase deportations.

The “overall tone” of the memo “is very distressing and concerning to immigration judges," Dana Marks told Reuters.

"There is a feeling that the immigration courts are just being demoted into immigration enforcement offices, rather than neutral arbiters,” Marks added. “There has been a relentless beating of the drum toward enforcement rather than due process.”

Earlier this week, the Justice Department also rescinded guidelines advising local courts to be wary of imposing stiff fees and penalties on poor defendants.

“Congress has provided for a regulatory process in statute, and we are going to follow it,” Sessions said Thursday. “This is good government and prevents confusing the public with improper and wrong advice.”

http://thehill.com/homenews/administ...hetic-in-child

Immigration judges are not "neutral arbiters." This isn't "arbitration". An immigration judge has one responsibility, to verify the facts of immigration status and issue deportation orders in accordance with those facts. Facts are simple, two questions:

1) are you a US citizen, yes or no
2) if no, do you have valid unexpired papers to be in the US, yes or no
3) if no and no, then out you go.

All these minors should be transported directly to their Consulate and the Consulate should then hold them and arrange for their immediate and prompt return to their home countries. If the Consulate releases them into the US, then we will order the immediate closure of the Consulate and end all aid to that country. We should not house, detain or in any other manner mess with these children or minors. They should be treated as runaways, delivered to their Consulate and the Consulate be responsible for returning them to their home countries through proper channels.

Hand all these "child runaways" over into the care and custody of THEIR Embassy for immediate deportation!

They are "minors" and NOT US citizens and should be immediately handed over to their Consulate or Embassy for care and removal OFF our soil.

Let their country pay for it!

Theses "minors" are coached what to say!

DEPORT THEM ALL!!!

Sessions’s immigration orders threaten judicial independence

Jeff Sessions is doing a great job on the immigration front with his many policy changes. Hopefully his changes will bare fruit and make the system more efficient and viable over the next three years.

Yes, lets hope Jeff Sessions can do that because DOJ is the HUUUGE cog in the wheel at this time. 650,000 case backlog at DOJ is inexcusable. Makes you wonder why he didn't try and do something about that when he was in the Senate and in charge of the Subcommittee on Immigration.

He has to streamline the hearing process to a simple 4 second q and a of hundreds if not thousands at a time:

Two questions:

1. are you a citizen, yes or no
2. if no, do you have valid unexpired documents to be in the US, yes or no
3. if no and no, then out you go.

Any appeal or contest would be handled post deportation from their home countries.

PERIOD.

As immigration judges' working conditions worsen, more may choose retirement