06.22.09 The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts
Immigrants need all the help they can get to find justice in Immigration Court according to recent reports released by TRAC and Appleseed.
Immigration Judges face increasingly overwhelming caseloads of immigrants in removal proceedings. Last year, Immigration Judges adjudicated a total of 351,477 matters, which was the highest per-year figure recorded during the last decade. The numbers continue to skyrocket and TRAC projects 384,000 new matters that will be presented in Immigration Court in 2009 a substantial increase over 2008's record high. This burden of pending cases is taking its toll on the system, and the immigrants and families whose lives are on trial. The Appleseed Report documents how burdensome caseloads prevent Immigration Judges from delivering accurate rulings, granting pre-trial conferences, and giving each individual case the time it deserves.
Lurking behind these shortcomings are even more insidious immigration detention policies. Under former Homeland Secretary Chertoff's guidance, ICE embarked on a vicious immigration detention campaign in 2008, confining 369,000 persons. The civil detention of over one third of a million people presents tragic real-life consequences. Many immigrants awaiting trial are held in detention centers, separated from their families (often US. citizen spouses and children) for protracted lengths of time. Tragically, more than 84 percent of people in immigration detention are not represented by a lawyer. Over two-thirds are imprisoned in county and city prisons alongside common criminals even though the removal charges are usually mere civil immigration violations. Women, children, the elderly, asylum seekers, and longtime lawful permanent residents are all being held in prison. For many immigrants, the American dream is a dark and twisted nightmare. The significant gain from overturning Matter of Compean may be underwhelming if immigrant justice is inadequately dispensed through a broken judicial system. For this reason, AILA believes that comprehensive immigration reform that incorporates due process as a key ingredient is the only viable solution to remedy the many underlying problems afflicting immigration policy.
There are clear signs the Obama Administration is moving in the right direction. Speaking to the Esperanza National Hispanic Prayer Breakfast, in Washington D.C. last Friday, President Obama reiterated his support for CIR, stating,
"Together, we must build a future where the promise of America is kept for a new generation. We also know that keeping this promise means upholding America's tradition as a nation of laws and a nation of immigrants. Those things aren't contradictory; they're complementary. That's why I'm committed to passing comprehensive immigration reform as President of the United States." (Link to comments)
AILA supports President Obama's reaffirmation of his commitment to CIR. The President must act swiftly to repair our current immigration system, which frequently fails to deliver justice in Immigration Court. Immigration Courts must be provided with needed resources to remedy out-of-control backlogs, including more judges, more staff, and more funding. While we are pleased to see some recognition of these issues by the Administration - more needs to be done. Immigration Judges must be recognized as Article I judges to ensure they receive the respect the system needs. Immigration Courts must be staffed with Judges who understand immigration policy, and while many government Trial Attorneys, have made good judges, the Bush Administration preference to select judges from a narrower pool of government employer's, appeared to emphasizing politics over knowledge of immigration law. As the Obama Administration strives to achieve a fair and just comprehensive immigration reform, I am hopeful we will see more qualified Immigration Judges.
While there are many hurdles to clear, it appears the constitution is back and the Administration is committed to restoring justice and to fixing this broken immigration system. The time to redress this mess is now!
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