immigration reform

Immigration Court Scrutiny Brings Cries For Chance

August 28, 2014 By CCM Staff

Those tens of thousands of border children seeking asylum in the United States have shed light on the nation’s immigration courts, and it’s hard to like what we’re seeing. Now, the leaders of the National Association of Immigration Judges are calling on Congress to crate what many of us though we had all along – an independent immigration court system. It turns out that the “court” is actually part of law enforcement, in effect a division of the Department of Justice.

That means, for example, that immigration judges cannot hold federal prosecutors from the Department of Homeland Security in contempt of court because judges are considered to be lawyers working for the Justice Department. Erin Kelly, of the Gannett Washington Bureau, writing in USA Today, has a great report that quotes Judge Dana Leigh Marks, a San Francisco-based immigration judge and president of the National Association of Immigration Judges: “We need an independent immigration court system which stands on its own. Enforcement should not be allowed to control courts.”

See the story here: Immigration judges call for reform

Filed Under: Community, Courts Budget Tagged With: access to justice, Civil Courts, court cuts, court rationing, immigration, immigration reform, justice denied, Justice Rationing, refugee children, refugee kids

New WaPo Series Hits Immigration Issue

August 18, 2014 By CCM Staff

A new Washington Post newspaper series, “Storyline,” has come out swinging on the ethnic pressures behind how non-Hispanic white Americans feel about immigration. Even the paper’s sub-headline notes that “it’s not pretty.” The series, which hopes to use polling data to explain how policy affects public opinion “… and the other way around,” gets deeply into the race card.

Reports the WaPo: “Whites who read a negative story featuring an Hispanic immigrant had a strong political reaction. In addition to higher opposition to immigration, they became more supportive of an ‘English-only’ law, asked for more information about the issue and were more apt to send an e-mail to their congressional representative advocating reduced immigration levels when asked in the survey… Negative news about a Russian immigrant had little impact on political motivation.”

Read it and weep here: The data on white anxiety over Hispanic immigration

Filed Under: Border Kids, Community, Courts Budget Tagged With: Hispanic, immigration, immigration reform, racism, Washington Post

‘Rocket Dockets’ Set For Border-Children Immigration

August 13, 2014 By CCM Staff

The federal government is creating “rocket dockets” to process unaccompanied border children, hoping to slow the flow of children by showing a policy of quick returns. Critics are responding that the new practice moves too quickly in a system inadequate to provide legally required court oversight and without a system for legal representation.

The U.K.-based Guardian newspaper has a good overview, reporting that “.. under normal rules, the recent arrivals would have queued at the tail-end of a backlogged system where migrants wait months or years for hearings at overstretched immigration courts… instead, with Republicans accusing the president of neglecting border security, the administration vaulted the newly arrived children to the front of the line, and said they would have initial court hearings within 21 days.”

They also cite a California-based critic: “We appreciate the government’s attempt to deal with these [new] cases expeditiously, but not to this extreme. We think 21 days is too fast. Maybe 60 days would be preferable,” said Caitlin Sanderson, director of the Los Angeles-based Esperanza Immigrant Rights Project, which has staff attorneys representing about 270 children pro bono.

See the story here.

Filed Under: Community, Courts Budget Tagged With: border crisis, california courts, civil court backlog, Civil Courts, deportation, Immigrant Children, immigration, immigration reform, refugee children, The Guardian

Mercury News Blasts Border Crisis Response

August 1, 2014 By CCM Staff

The San Jose Mercury News is blasting the government response to the border crisis of unaccompanied children, saying that “… surely the United States will meet this hemisphere’s crisis in a humane manner befitting its history” and outlining that the “policy” crisis is really a funding crisis.

“Republicans have wanted to fund enforcement but not judges,” asserts the paper. “There are just 243 nationwide. Los Angeles County alone has more than 400 judges on its Superior Court. There’s no way the immigration judges can keep up, let alone catch up… refugees from violence are a worldwide challenge. People fleeing wanton slaughter in places like Somalia, Syria and Uganda often end up in nearby countries that are ill-equipped for the influx. But they try.”

The editorial is being picked up around California, and you can read it here: Another View: July 21, 2014

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: border crisis, Civil Courts, immigration crisis, immigration reform, refugee children, Unaccompanied Children

US House Drops Border-Crisis Bill

July 31, 2014 By CCM Staff

BREAKING NEWS: The U.S. House of representatives has dropped a bill that would have provided some $659 million in funding to address the 60,000 unaccompanied children that have arrived on the southwest border. The Huffington Post noted that “… the bill had significant opposition from Democrats, but GOP leadership decided to add a separate vote, if the first were to pass, on a measure meant to bring on conservative support: ending a key Obama policy that allows undocumented young people in the U.S. for years to remain in the country.

Citing other reports, HuffPo says the GOP needed to get to 218 votes but managed only 214.

The HuffPo backgrounder graf is pretty good: “More than 57,500 unaccompanied children and teenagers have been apprehended after crossing the U.S.-Mexico border illegally since October, overwhelming a system already plagued by backlogs and in need of significant resources. President Barack Obama requested $3.7 billion to deal with the crisis, and Senate Democrats proposed a $2.7 billion package. House Republicans introduced a bill to approve just a fraction of that sum — with the possibility of appropriating more funds later — with conditions many Democrats oppose, such as changing a 2008 law so unaccompanied minors from countries other than Mexico and Canada can be deported more quickly and sending the National Guard to the border.”

Read the report here:

http://www.huffingtonpost.com/2014/07/31/house-border-vote_n_5638449.html

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: access to justice, border crisis, Congress fails to act, huffington post, immigration, immigration crisis, immigration reform, Immigrations and Customs Enforcement, John Boehner, refugee children, US Congress, US House

AP Story On Immigration Crisis Gets Traction

July 29, 2014 By CCM Staff

A Los Angeles-based story by Amy Taxin of the Associated Press continues to be used by those making the case for legal representation for the unaccompanied children awaiting processing to determine if they can stay in the U.S.

Her story opens in Los Angeles with a dramatic courthouse scene: [The judge} … grabbed four thick books and dropped each one on his desk with a thud, warning the families in his Los Angeles courtroom about the thousands of pages of immigration laws and interpretations that could affect their cases, and urging them to get a lawyer. “This is even smaller print,” he said of the 1,200-page book containing regulations during the hearing last month. “I am not trying to scare you, but I’m trying to ensure your children get a full and fair hearing.”

To read the AP report via the Columbus (Ohio) Dispatch, click here.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: access to justice, asylum, border crisis, Border Security, Central America, Civil Courts, immigration crisis, immigration reform, Los Angeles, refugee children, Unaccompanied Children

Finally: Capacity Cited In Immigration Courts Crisis

July 28, 2014 By CCM Staff

For the “about time” file, discussion of the ongoing crisis of unaccompanied Central American children seeking refuge in the U.S. is moving beyond theories and finger-pointing to address the capacity issue. And that issue is that there’s not enough court capacity.

The Reuters news service has a sobering report that walks us through the numbers: “… U.S. immigration courts have a backlog of 375,373 cases, almost 50,000 more than they faced two years ago, according to Justice Department figures… one of the 243 judges presiding over 59 immigration courts in the United States, is setting hearing dates as far off as 2018. It now typically takes three to five years for cases to clear the system, judges and lawyers said… on a recent Wednesday at a crowded immigration court in Arlington, Virginia, a judge was setting February 2017 asylum hearings for juveniles. While Reuters does not mention it, we would add that this is possible because immigration courts are civil, not criminal, and thus exempt from decades of “timely trial” laws.

The report does cite budget cuts and other problems, like passing more complex laws without increasing capacity to implement the changes, but also says that the government’s planned solutions are likely to only make things worse.

See the report here.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: budget cuts, Civil Courts, court budget, immigration, immigration crisis, immigration reform, refugee children

Immigration Debate Shifts To U.S. Role

July 25, 2014 By CCM Staff

Debate over the immigration crisis of unaccompanied Central American children is shifting from immediate needs like housing and toward the role of the United States in creating the causes for the influx. An editorial blog from The Dallas Morning News explains why understanding the U.S. role is so important: “If Central American minors can make a credible claim that deportation would expose them to persecution or sexual exploitation in their home countries, U.S. immigration judges are likely to be lenient and let them stay. But the bar is set very high — and for a good reason.”

As stories surface about U.S.-based gangs operating in the countries of origin for the children, you can expect that debate over “causes” to increase. And how the civil immigration courts manage to verify any claims is going to be interesting.

Here’s the Morning News take from editorial writer Tod Robberson: Tod Robberson / Editorial Writer | Dallas Morning News

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: Civil Courts, Dallas, immigration, immigration reform, refugee children

WaPo: Obama Admin. Was Warned Of Border-Children Crisis

July 23, 2014 By CCM Staff

Top officials at the White House and the State Department had been warned repeatedly of the potential for a further explosion in the number of migrant children since the crisis began escalating two years ago, according to former federal officials and others familiar with internal discussions, The Washington Post is reporting.

The newspaper also says that the White House was directly involved in efforts in early 2012 to care for the children when it helped negotiate a temporary shelter at Lackland Air Force Base in San Antonio, which would seem to contradict administration claims that nobody could see the crisis brewing – at least not on the scale we see today. Meanwhile, estimates of Central American children arriving in the U.S. without accompanying parents or guardians is being revised from around 60,000 to more like 90,000 and up.

The border crisis is a civil justice crisis. The immigration process is a civil proceeding, as opposed to a criminal case, so children are not guaranteed representation by an attorney or a speedy process, as would be the case with criminal charges. Civil rights groups are suing the government in hopes of obtaining mandatory legal representation for the children.

See the WaPo story here: Obama aides were warned of brewing border crisis

Filed Under: Border Kids, Community, Courts Budget Tagged With: #RefugeeChildren, access to justice, border crisis, child immigration crisis, Civil Courts, civil justice, immigration, immigration reform, Obama, State Department, White House

Unaccompanied Child Refugee Crisis: Calling Out The Guard

July 21, 2014 By CCM Staff

With Texas Governor Rick Perry doubling-down on the “security option” in the wake of an ongoing children’s refugee crisis on the southwestern U.S. border, it might be a decent time to review just how we got to a point of “calling out the National Guard.” Gov. Perry is announcing that he’s sending 1,000 national guard soldiers to the border, says the New York Times, which adds that “… Democrats, including Texas lawmakers in the border region, immediately lined up in opposition to the deployment plan, calling it an attempt to score political points and to militarize the border.”

Of course, for Gov. Perry and others the current crisis around unaccompanied children immigrating from Central America is the latest among ongoing border security issues. But that crisis has focused attention on immigration, and especially immigration of unaccompanied children. National Public Radio, which helped break the story and has been an informational leader, said the situation is “… turning into the largest influx of asylum seekers on U.S. soil since the 1980 Mariel boatlift out of Cuba. Since October, more than 52,000 children — most from Central America and many of them unaccompanied by adults — have been taken into custody. That’s nearly double last year’s total and 10 times the number from 2009.”

“Because of a backlog, which is growing greatly with the recent influx, in essence a kid releasedtomorrow could stay in the U.S. for up to three years waiting for that date,” explains NPR’s Carrie Kahn. “And for most of these kids, that’s three years with a long-lost relative or three years away from extreme poverty and violence.” A child migration advocacy group says that “… as many as 90 percent of the children stay with relatives or family friends already living in the U.S., with the rest placed in foster care…”

Keep up with the story here.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: #RefugeeKids, immigration, immigration crisis, immigration reform, NPR, refugee kids, Rick Perry, Texas