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Thread: Due Process Gone Wild Yet Again: The Immigration Courts

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  1. #1
    MW
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    Due Process Gone Wild Yet Again: The Immigration Courts

    Due Process Gone Wild Yet Again: The Immigration Courts


    By MATT O'BRIEN September 17, 2018



    Attorney General Jeff Sessions has recently come under criticism for attempting to exercise what has been characterized as too much influence over the U.S. Immigration Court. A recent piece on CNN’s website describes Sessions as exerting a “unique authority over the immigration courts” and implies that actions he has taken to streamline immigration proceedings and ensure consistency in the decisions of the Immigration Court are somehow undermining due process for aliens. However, that is far from the case, and the bulk of the criticism leveled against the AG seems to be based on a misunderstanding of the role of immigration judges and how the immigration courts are supposed to work.

    The U.S. Immigration Court isn’t a judicial court under Article III of the Constitution. It’s an administrative court. Administrative courts function as a check on actions by administrative agencies. They do so by providing a court-like environment where the parties affected by a government decision can present evidence of their claims to an administrative judge who is supposed to be an expert in the law and policies of the agency by whom he/she is employed. This ensures that executive branch decisions are correct and consistent and helps narrow any legal issues that might later need to be reviewed by a judicial court.

    The function and powers of administrative judges differ significantly from those of their judicial branch counterparts. Administrative judges interpret and apply a specific set of laws but they don’t have the authority to declare those laws unconstitutional. And their decisions are subject to review and confirmation by other executive branch officials within the agency that employs them. In addition, once their decisions have been reviewed internally, they’re subject to review by Article III judicial courts. This has always been the case. If anything, prior administrations have allowed the immigration courts too much free rein, enabling immigration judges to engage in judicial activism.

    Accordingly, the mainstream media’s characterization of the Trump administration’s efforts to restore a measure of order to the troubled operations of the immigration courts are both misleading and inaccurate. Deportation hearings were never intended to be long, drawn-out affairs. They are a limited-purpose enquiry, designed to ensure that an alien receives basic, procedural due process before his removal, nothing more.

    In a properly conducted proceeding, the government establishes alienage and removability, the alien is given an opportunity to try and demonstrate that he/she has some legitimate claim to remain in the U.S., and that’s all. There’s no need for anything resembling the Scopes Monkey Trial. And claims that the current administration’s desire to see immigration proceedings conducted in a manner consistent with the interests of the American people is somehow resulting in a “degradation of due process” are simply false.

    https://immigrationreform.com/2018/09/17/due-process-gone-wild-yet-again-the-immigration-courts/?mkt_tok=eyJpIjoiWVdZeE5qRTBaV0ZpWmpVMSIsInQiOiJ4M DBGQlRsbnhxMDdXdFZiMXd5cklpWlU1YUxjNzJYUlk3XC93XC9 DMTdiV2NJWHQ2XC9UTGZNdkI5ZjU4dEVFaGhoVFVQQkZqVXhTU EtUZXR6Z2NvMFROOHhqTFczNnVFSTB5T05EMm9SSUMzSmRyNTA zOTlKdWRJcDl1RFhoU1pcL28ifQ%3D%3D

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

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    Senior Member Judy's Avatar
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    CORRECT!! They are not "judges", they are CLERKS, verifying documents if they exist, if they don't, ordering deportations. Very simple clerical record/document process, 2 questions:

    1. are you a US citizen, yes or no, verify
    2. if no, then do you have valid unexpired documents to be in the US, yes or no, verify
    3. if no and no, then out you go.
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    Senior Member Judy's Avatar
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    The article Link doesn't work, needs a carriage return to activate.
    Last edited by Judy; 09-24-2018 at 10:44 AM.
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    Process ALL foreigners in Federal Tent City on Federal Land with a PANEL of Federal Judges!

    Put this panel of Judges on shifts 24/7: 7am- 3pm / 3pm - 11pm / 11pm - 7 am

    No jury! They are not our peers! Let them serve time in Federal Tent City and/or be deported on the spot!

    That includes illegal aliens, visa overstays, TPS, refugees, asylum liars and non-citizens!

    All subject to Federal Visa and Immigration Laws.

    Get them out of the local and state jurisdiction, out of their courts, out of their jails and prisons!
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  5. #5
    MW
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    Quote Originally Posted by Judy View Post
    The article Link doesn't work, needs a carriage return to activate.
    Cut & paste to your search engine and it should work. Worked for me.

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

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  6. #6
    Senior Member Judy's Avatar
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    I was referring to the click activation feature for links on our forum. If you edit post and insert a return by clicking on your Enter key, that inserts the required return to activate the click feature. If you don't want to do that for the readers, that's fine.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
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    Thanks for the clarification re: administrative law. I just found an article, where our city commissioners have granted to Catholic Charities $500,000 for illegals' defenses.

    First of all, why is a government giving a religious organization money to fight charges of illegality? Stop---I do know that religions get lots of government grants, probably including those designed to deal with criminality. If they feel so strongly about this why don't they go to the USDOJ and demand that illegals so called constitutional rights be protected and that they have court appointed lawyers? Just see how far they would get. I don't know if this is a roundabout way to circumvent policy; but since this is happening under federal administrative law, shouldn't it be left up to activists to change it, without requiring the taxpayers to do this?

    However, here is what the ACLU had to say about a different scenario---where a church got government money to fix a playground:

    "Abandoning a longstanding constitutional protection for the separation of church and state, the Supreme Court ruled earlier this week that a church must be allowed to participate in a state program that provides direct taxpayer grants to improve school playground surfaces. The decision was very troubling. As we argued in our friend-of-the-court brief in the case, Trinity Lutheran v. Comer, the government should not be funneling public funds directly to churches or other houses of worship, for any reason. Period.
    The decision did not address — and thus left in place — other restrictions on public funding of religion, including what the court characterized as “religious uses of funding,” which have long been prohibited by the Establishment Clause of the First Amendment."

    (https://www.aclu.org/blog/religious-...cision-funding)



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