Issues Under Fire: Immigration Judges Face New Pressure to Process Cases Faster
With more than 600,000 cases in the pipeline and growing, Attorney General Jeff Sessions announced the Justice Department will require immigration judges to meet an annual quota of case resolutions in order to receive a satisfactory performance rating. 700 cases is the new requirement. So, the goal is clear: speed up the deportation process. And, coming up with a quota scheme for immigration judges will certainly make that happen. If Sessions has his way, the system's backlog will be cleared in no time. But that rush to judgment will come at a price. The Executive Office for Immigration Review (EOIC), could be reduced to immigration Kangaroo courts, rubber stamping removal orders without any consideration for due process.
Currently, the process of defending oneself from deportation can be a lengthy and complicated endeavor, especially if you don't know WTF is going on. So, let's break this down. The immigration proceedings happen in three stages, called the "master calendar hearings". These hearings are focused on 1) the individual, 2) the merits, and 3) post-proceedings for those granted relief or for orders of voluntary departure or removal. The removal proceedings begin when the chief counsel's office of U.S. Immigration and Customs Enforcement issues a "Notice to Appear" aka NTA document for the alleged illegal. The NTA is a formal accusation against someone that charges they entered or are present in the U.S. without authorization. There will be an ICE lawyer on hand to prosecute the case against you. BTW, you'll need an attorney. Attorneys are expensive. But of course, everybody knows that, so I'll move on.
Let's start with the worse case scenario since that's what the average alleged illegal will face defending him or herself from the United States government. Say your case is denied by some heartless, compassionless, racist, xenophobic immigration judge or you feel you're just getting the bum's rush. If you can afford it, you can appeal that decision. However, if you decide to appeal an order for deportation, you should know you have the right to remain in the U.S. until your appeal has been resolved one way or the other. If you leave the U.S., your appeal will be canceled. And if you can sneak back in, you'll only face more charges. Felony charges. So, let's get down to business.
You'll be appealing your case to the Board of Immigration Appeals, aka the BIA. Unfortunately, you don't get to visit the BIA in person. The immigration appeals process is done completely in writing. And these people don't want to see you. It's a very impersonal procedure. There are no hearings, nobody to talk to or get face time with, except in extremely rare cases. An appeal of an immigration decision is not an opportunity to present your case again, it's simply for the Board to make sure all the T's were crossed and the I's were dotted by the judge who adjudicated your case. Hence, when they say case closed, it's case closed. So, if you can, do all your crying, tell your best sob stories and bring all awards, educational achievements, character witnesses and evidence to the master calendar hearings.
The BIA is the rubber-stamper. And, I'm almost certain, few undocumented people get lucky enough at this stage of the game, to have an immigration judge's decision overturned. In the current environment of "build the wall", "secure the border" and keep America safe from "those people", you can bet big money, at this point, the vast majority of immigration court decisions are final. From here on out, you're no longer looking at immigration judges and ICE attorneys. You're looking at armed ICE agents, with plastic tie handcuffs, preparing you for a long trip at the expense of the U.S. federal government. And don't even think about reentering again on the down-low. The penalties and punishments are designed to be harsh and regrettable.
According to FindLaw.com, after an alien has been legally "removed" from the United States, the federal criminal law makes it a felony for that alien to reenter (or be found in) the country without the approval of the government. If you do and get busted, you're facing fines, two years in prison and another free trip abroad. If you've been convicted of a felony before you were given the boot, you're looking at bigger fines - as much as 10 years behind bars - and you guessed it, another free trip abroad. The only way to reenter the U.S. legally is to wait between five and twenty years. Precisely how long depends on whether you've been convicted of a major crime. Drug dealing, rape, and murder will undoubtedly put you high on the list of undesirables, but you'd be surprised how many are considered threats for much lesser offenses. A conviction for selling small amounts of weed could sully one's otherwise sterling reputation.
Bottom line: Make no mistake about it, the immigration crackdown is in overdrive. And Donald Trump has ordered his Justice Department to find shortcuts and clever workarounds to rid America of anyone in the country without permission, no matter what their reasons or circumstances. If you're not arriving without papers from places like Norway, Scandinavia, Sweden or Switzerland these days, your stay will be as brief and miserable as the United States can make it. Podcast below.
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