Wednesday, March 20, 2019
Today, the ABA Commission on Immigration released an "update report" on immigration courts. What exactly is it updating? The committee's 2010 report entitled Reform1ing the Immigration System: Proposals to Promote Independence, Fairness, Department of Efficiency, and Professionalism in the Adjudication of Removal Cases.
Here is the last paragraph of the report's Introduction:
This is a critical moment in the administration of justice within our immigration system. Systems that were already strained by lack of legislative reform and inconsistent policies are now at the breaking point. In the current environment, policies have been put forth that seek to limit access to asylum, counsel, and the courts themselves. There is little regard for the human cost of detention and deportation. While enacting policies that more closely adhere to a fair and humane interpretation of the immigration laws could do much to reverse these problems, there is little question that legislation is necessary to return balance and due process to the system.
Among the group's many recommendations: increasing prosecutorial discretion at DHS regarding the initiation of removal proceedings, adopting a presumption against detention, and creating an Article I court system for the entire immigration judiciary.