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Thread: Top immigration judge issues memo calling for quick deportation

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  1. #1
    Senior Member JohnDoe2's Avatar
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    Top immigration judge issues memo calling for quick deportation

    Top immigration judge issues memo calling for quick deportation

    It's going to be harder for immigrants to win their court cases.


    ESTHER YU HSI LEE AUG 3, 2017, 12:14 PM

    Chief immigration judge MaryBeth Keller issued a memo Tuesday calling on all immigration judges and court staff to prioritize the quick deportation of immigrants with pending court cases, according to a recent U.S. Department of Justice memo.

    In the memo, Keller provided guidance for immigration judges to efficiently adjudicate cases as quickly as possible to lessen the growing backlog of court cases.


    The judge pointed out that “frequent and lengthy continuances,” which grant immigrants more time to present supporting evidence, were a significant contributing factor to the backlog of pending cases. Keller advised immigration judges that there is a “strong incentive by respondents” to “abuse continuances” because delays work “to the advantage of the deportable alien who wishes merely to remain in the United States.”


    “[I]t is critically important that Immigration Judges use continuances appropriately and only where warranted for good cause or by authority established by case law,” Keller wrote. “It is sound docket management to carefully consider administrative efficiency, case delays, and the effects of multiple continuances on the efficient administration of justice in the immigration courts.”


    In her guidance, Keller issued a general policy of: issuing at least one continuance to be granted to immigrants to find legal counsel; allowing immigration judges to use the overall complexity of a case to determine whether a continuance should be granted for more attorney preparation time; not granting continuances for merits hearings unless there’s a “genuine showing of good cause or a clear case law basis;” and reviewing continuance requests from DHS attorneys to allow time to complete background investigations and security checks.


    What’s pertinent about the memo’s guidance isn’t just that it now makes it harder for immigrants to prove their court cases. While everyone is entitled to due process, immigrants are not guaranteed lawyers in civil proceedings unlike prisoners in criminal cases. That means immigrants held in detention centers in remote areas rarely have access to adequate legal representation in the first place.


    The memo comes at a time when the Trump administration has strongly pressed the U.S. Department of Homeland Security (DHS) to detain mostly undocumented immigrants who are national security and public safety threats for deportation proceedings. But since Trump’s inauguration, DHS and U.S. Immigration and Customs Enforcement (ICE) officials have not exempted the detention of any category of undocumented immigrants, including those without criminal records and would have been considered low priority under the previous administration.


    The memo’s guidance also calls into attention the more than 610,000 pending cases on the immigration court docket, gathered from the data records and reports website Transactional Records Access Clearinghouse maintained by Syracuse University, with roughly half of all cases centered in California, Texas, and New York. Between December 2013 and 2016, then-President Barack Obama tasked immigration judges to prioritize the deportation of tens of thousands of Central American children who had fled violence in their home countries through a rocket docket,” which required attorneys and judges to speed through court proceedings to process immigrants.


    Since Trump became president, he has signed executive orders requesting more money for more detention space to hold immigrants; more ICE agents to go after immigrants across the country; and money to pay for more immigration judges.

    https://thinkprogress.org/top-immigr...o-deportation/

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  2. #2
    MW
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    Can't help but think AG Jeff Sessions had a influencing hand in this. The immigration judges work for him.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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    Senior Member nomas's Avatar
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    This should be open and shut. Are you here LEGALLY? NO? Bye!

    What’s pertinent about the memo’s guidance isn’t just that it now makes it harder for immigrants to prove their court cases. While everyone is entitled to due process, immigrants are not guaranteed lawyers in civil proceedings unlike prisoners in criminal cases. That means immigrants held in detention centers in remote areas rarely have access to adequate legal representation in the first place. I'm sorry it is NOT our responsibility to provide them attorneys! THEY paid huge amounts of $ to coyotes they can pay for their own lawyer or go without! They are illegal and have NO rights.

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    What's to litigate?

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    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    Yes, what cases do they have?

    I really wish President Trump would make a speech to all illegals. Tell them, in no uncertain terms, they are here illegally. They are breaking our laws - more than one.

    I wish he would then tell them they will be removed, give a time certain, and to get their affairs in order and if they are as honorable as they portray themselves, say 'Thank You' to the American people and return home.

    They can take any ill gotten gains with them - that Mexico will allow them to take.

    If, however, they must be removed by legal means, they will have said assets confiscate to repay the American people.


    I can't believe there is anyone who is here legally and has gotten this far in the proceedings. Their legal status would have been determined back down the line.

    So --- what case do they have?

    We have all these people ordered deported, but wait - we need to find them an attorney - then maybe give them a continuance, for some reason, etc, etc.

    And some think ending of DACA would not have ended up in court.

  7. #7
    Senior Member Judy's Avatar
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    Ending DACA except through expiration or the courts will most definitely end up in the courts. Even expiration at the end of the Texas lawsuit could well end up in the courts with thousands and thousands of sob stories in the press every day and hundreds of advocacy groups buying up these rotten Congresscritters faster than we can say DREAM ACT, and the streets filled with protestors and rioters.

    Love this TOP JUDGE who is calling a spade, a spade, for quick deportations. A deportation hearing is a very simple administrative action based on 2 simple questions:

    1. are you a US citizen (yes or no and verify)
    2. if no to 1, then do you have valid unexpired permission to be in the US (yes or no and verify)

    If no and no, then out you go. Simple as that.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
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    MW
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    Quote Originally Posted by Judy View Post
    Ending DACA except through expiration or the courts will most definitely end up in the courts. Even expiration at the end of the Texas lawsuit could well end up in the courts with thousands and thousands of sob stories in the press every day and hundreds of advocacy groups buying up these rotten Congresscritters faster than we can say DREAM ACT, and the streets filled with protestors and rioters.

    Love this TOP JUDGE who is calling a spade, a spade, for quick deportations. A deportation hearing is a very simple administrative action based on 2 simple questions:

    1. are you a US citizen (yes or no and verify)
    2. if no to 1, then do you have valid unexpired permission to be in the US (yes or no and verify)

    If no and no, then out you go. Simple as that.
    You're wrong on this. DACA was created through a memorandum not legislative law. Trump or the Secretary of DHS could have ended DACA instantly without negative legal ramifications because it is not law. Anyone attempting to file a lawsuit would not have legal standing To have standing you must show some legal interest has been invaded by the defendent. DACA and anything it offers is not protected by law. It is not a legal interest, it was created through a memorandum by the Secretary of DHS.

    DACA is not law, never has been, and hopefully never will be! Courts interpret law and explain law. It's not their job to write law.

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    Senior Member JohnDoe2's Avatar
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    Is DACA a law, policy or action? What is the di - Q&A - Avvo

    Sep 1, 2012 -
    DACA is just a policy and can be overturned at any time.
    It is a policy ...
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  10. #10
    Senior Member Judy's Avatar
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    DACA is either a legal policy or an illegal policy. That is the question. Once a policy is implemented and work permits handed out, the handling of those work permits are now subject to law. That's why expiring the program is legal while canceling the program may not be. These are the complexities of US immigration law that you are ignoring, the body of laws already in existence that govern the issuance of work permits by the US government.

    Why aren't you demanding cancellation of ALL work permits issued by the US government that are not associated with a green card or visa program approved by Congress?
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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