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               Thursday 19 december 2019





























            Lawsuit says immigration courts are now deportation machines



            Continued from Front         have denied more than 85  Law Lab.
                                         percent of applications for  The U.S. Department of Jus-
            Yet,  in  the  immigration  asylum, with El Paso having  tice  did  not  immediately
            courts,  the  tradition  of  ju-  the  highest  denial  rate  at  respond  to  a  request  for
            dicial  independence  has  96.6%.                         comment  on  the  lawsuit,
            been turned upside down,”  “We’ve  come  to  call  the  which was filed in Portland,
            the  lawsuit  against  Presi-  current  situation  a  depor-  Oregon.
            dent Donald Trump and At-    tation  machine,  and  it  re-  “The immigration court sys-
            torney General William Barr  ally is because it is virtually  tem  is  actually  the  central
            says.                        impossible,  particularly  in  knot in the entire immigra-
            Melissa  Crow,  senior  su-  some  jurisdictions  around  tion  policy  debate,”  Man-
            pervising  attorney  at  the  the  country,  to  effectively  ning  said,  adding  that  the
            Southern Poverty Law Cen-    represent  individuals  in  im-  Trump  administration  uses
            ter and a lead attorney in  migration  court  proceed-    the   immigration   courts’   In  this  Sept.  17,  2019,  file  photo,  migrants  who  are  applying
            the  case,  said  that  some  ings,”  Crow  told  The  As-  dysfunctionality to justify in-  for asylum in the United States go through a processing area
            parts  of  the  United  States  sociated  Press  in  a  joint  creased detention and “to-  at a new tent courtroom at the Migration Protection Protocols
            have  become  “asylum-       telephone  interview  with  tally  inhumane  practices”   Immigration Hearing Facility in Laredo, Texas.
            free  zones”  because  im-   Stephen  Manning,  execu-    like  forcing  asylum  seekers                                       Associated Press
            migration courts in 23 cities  tive  director  of  Innovation  from Central America to re-
                                                                                                   main in Mexico or be flown  through  cases  faster  is  a
                                                                                                   to other countries.          dashboard  on  their  com-
                                                                                                   “I swore to uphold the Con-  puter  that  shows,  in  real
                                                                                                   stitution  at  my  investiture.  time,  progress  in  achiev-
                                                                                                   When  the  administration  ing  the  attorney  general’s
                                                                                                   made it impossible to con-   performance  metrics.  Me-
                                                                                                   tinue to do so, I resigned,”  ters  showing  red,  yellow
                                                                                                   Shugall  said  Wednesday  or  green  indicate  whether
                                                                                                   at a telephone news con-     their cases are proceeding
                                                                                                   ference  organized  by  the  fast enough.
                                                                                                   plaintiffs.  The  judge  who  “It  was  very  stressful,”
                                                                                                   swore her in also resigned.  Shugall  said.  She  eventu-
                                                                                                   To  receive  a  satisfactory  ally  stopped  opening  the
                                                                                                   performance  rating,  immi-  feature.
                                                                                                   gration judges must decide  Some  cases,  on  the  other
                                                                                                   approximately three cases  hand, are left dangling for
                                                                                                   per day and issue decisions  as many as five years, mak-
                                                                                                   on the merits of a case no  ing  it  harder  for  attorneys
                                                                                                   more than 10 days after the  to  find  witnesses  and  evi-
                                                                                                   final hearing , Crow said.   dence  after  all  that  time,
                                                                                                   In  some  cases,  judges  Manning said.
                                                                                                   would need to dig into the  Crow  said  this  lawsuit  has
                                                                                                   law  and  understand  com-   the  potential  to  provide
                                                                                                   plicated  facts  but  they  in-  fairness  to  asylum  seekers
                                                                                                   stead  have  an  incentive  and others who have been
                                                                                                   to  deny  a  case,  which  is  the  target  the  Trump  ad-
                                                                                                   faster  than  granting  asy-  ministration’s  rhetoric  and
                                                                                                   lum,  to  meet  their  perfor-  policies.
                                                                                                   mance  goals,  Crow  said.  The  law  groups,  which
                                                                                                   Not meeting goals under a  have  represented  immi-
                                                                                                   metrics policy instituted by  grants,  asked  the  federal
                                                                                                   the  Trump  administration  court  to  require  the  attor-
                                                                                                   can result in a judge being  ney general to correct the
                                                                                                   fired, the lawsuit says.     dysfunction of the immigra-
                                                                                                   Pushing  the  judges  to  go  tion court system. q
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