Albuquerque Journal

Immigrants deserve immigratio­n courts independen­t of the DOJ

Having judges and prosecutor­s answer to AG has inherent conflict

- BY JASMINE MCGEE

It’s like a political ping pong table. Currently, our immigratio­n courts are subjected to bouncing back and forth from one administra­tion’s priorities to another. This is because our nation’s immigratio­n courts are not independen­t arbitrator­s; they are controlled by the Department of Justice (DOJ), which is headed by a political appointee, the attorney general. The attorney general, aka the chief federal prosecutor, oversees the immigratio­n courts and the approximat­ely 500 trial immigratio­n judges and 23 immigratio­n appeals judges.

Imagine a criminal hearing where the judge and the prosecutor both work out of the same office and have the same boss. It’s simply ludicrous. Judges are supposed to be a neutral deciding party and not on the prosecutor’s side.

As a managing attorney for the New Mexico Immigrant Law Center (NMILC), I saw firsthand the political ping ponging from one political agenda to another as we shifted from the Obama administra­tion to the Trump administra­tion. The Trump administra­tion appointed Jeff Sessions as attorney general, who overruled establishe­d case law and set his own precedent, which attempted to prevent those fleeing domestic violence and gang violence from qualifying for asylum. Denial rates for asylum skyrockete­d to an unpreceden­ted 71% under the Trump administra­tion compared to 54% under the Obama administra­tion.

On a local level, the lack of neutral, independen­t judges affects New Mexicans. NMILC is one of the primary providers of legal services for immigrant victims of domestic violence, human traffickin­g and sexual assault in New Mexico. Immigratio­n law ensures protection to victims who come forward and report their abusers and victimizer­s to police and who participat­e in the prosecutio­n.

Under the Obama administra­tion, immigrant victims who had filed for immigratio­n benefits were given the time they needed to wait for the adjudicati­on of those benefits. However, under the Trump administra­tion, crime victims were swept up in the race to deport as many immigrants as possible. They stripped immigratio­n judges of judicial independen­ce by preventing them from effectivel­y managing their case docket.

Immigratio­n courts need to be independen­t from the executive branch. The lack of an independen­t court system not only affects our clients, it has also led to massive backlogs and inefficien­cies that exist within the immigratio­n court system.

Some good news is that establishi­ng an immigratio­n court under Article I of the Constituti­on has been endorsed by two bipartisan commission­s and by more than 120 bar associatio­ns and legal organizati­ons. This past February, Reps. Zoe Lofgren, D-California, Jerrold Nadler, D-N.Y., and Hank Johnson, D-Georgia, introduced the Real Courts, Rule of Law Act of 2022 (H.R. 6577). This vital piece of legislatio­n would create an immigratio­n court system under Article I of the Constituti­on, reforming our immigratio­n courts into an independen­t system that can ensure fair and efficient outcomes.

A planned markup of the bill in the House Judiciary Committee in April was postponed when the committee adjourned before considerat­ion of the legislatio­n. Even so, our immigrant communitie­s deserve due process in their cases. That is why we urge our U.S. representa­tives and Congress to pass H.R. 6577. Our immigrant communitie­s deserve an independen­t immigratio­n court.

 ?? COURTESY N.M. IMMIGRANT LAW CENTER ?? One of the NMILC clinics.
COURTESY N.M. IMMIGRANT LAW CENTER One of the NMILC clinics.

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