Wednesday, July 24, 2019

Immigration Article of the Day: Due Process, Immigration Judges, and Immigration Officers by Richard J. Pierce, Jr.


Due Process, Immigration Judges, and Immigration Officers by Richard J. Pierce, Jr.. joins the chorus calling for an independent immigration adjudication system. 

In an article in the Yale's Journal of Regulation Notice and Comment, Pierce begins:

"The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any individual who has a dispute with government. The Court has also emphasized the importance of the interest an individual has at stake in identifying the procedures required by due process. Yet, in a context in which an individual’s life is often at stake, we rely on decision makers who cannot possibly be considered neutral."  (footnote omitted).

Pierce ends his observations as follows:

"As I have explained in detail elsewhere, due process requires at a minimum that [Immigration Judges] and [Asylum Officers] must be insulated from evaluation and potential removal without cause by the President, the Attorney General, the Secretary of Homeland Security, or any of their subordinates. I am a member of a team of law professors that is actively seeking a client with a meritorious claim for asylum who has been victimized by the present blatantly unconstitutional system of immigration adjudication. The prospective client must view her best interests as consistent with the broader interests of all present and future applicants for asylum. We are willing to represent such a client pro bono or to file amicus briefs in support of any such client if she is represented by someone else. Please contact me if you become aware of anyone who fits that description."


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