Houston Chronicle

Senseless decision

Legal aid helps immigratio­n courts work, so Trump cut it on a whim — a big mistake.

-

A man detained in Port Isabel while awaiting deportatio­n was one of the lucky few to get an attorney when Ruby Powers of Houston agreed to help him without charge.

“I said, ‘What were you going to do if I didn’t come help you?’ And he said, ‘Well, God would be my lawyer,’ ” Powers recalled.

Even God would find it difficult to prevail in a Trump-era immigratio­n court.

The Trump administra­tion has put barrier after barrier in the way of people seeking due process in immigratio­n courts. It overturned a long-standing policy of releasing most pregnant women on bond rather than detaining them. It made it more difficult for a detained immigrant to obtain bond or parole while legal proceeding­s continue. It created a quota system aimed at getting judges to quickly end immigratio­n proceeding­s.

In the latest move, the administra­tion suspended a highly effective program that informs detained immigrants of their rights and explains the deportatio­n process.

Yet again, we look to Congress to correct the bizarre and spiteful policy that Trump aims at immigrants.

These changes come to a system that already tilted against the people facing deportatio­n (some of whom turn out to be legal residents). The government has no obligation to provide an attorney to those who can’t afford one — unlike in criminal proceeding­s — so only a third of people facing deportatio­n are represente­d by counsel.

To help fill that void, the George W. Bush administra­tion in 2003 created the Legal Orientatio­n Program. Nonprofit agencies receive federal grants to educate detainees about their rights, the deportatio­n system, and relief that may be available to them.

The program has been a remarkable success. It shortens the duration of deportatio­n cases. That decreases detention costs. A 2012 study found that the Legal Orientatio­n Program created savings of $18 million a year — a great return on investment for a program that costs $8 million annually.

Immigratio­n and Customs Enforcemen­t has praised the program. Immigratio­n judges love it. It saves taxpayer money. And now the Trump administra­tion has suspended the program after April 30, purportedl­y to study the program’s effectiven­ess.

The administra­tion’s reasoning is shallow, and its true intentions transparen­t. As the American Bar Associatio­n and others have pointed out, the administra­tion could have studied the program without stopping it.

Melissa Lopez, executive director of El Paso’s Diocesan and Migrant Refugee Services, said suspending LOP and the other immigratio­n court changes made by Trump have one purpose.

“I think it’s part of their collective plan to severely limit the number of people immigratin­g to the United States,” said Lopez, whose program provides LOP services to thousands of immigrants at three detention centers in West Texas and New Mexico. She’ll have to lay off seven people when the program ends at the end of the month.

Austin-based American Gateways serves 8,000 people a year through its programs. Executive Director Rebecca Lightsey said they’ll try to find a way to keep the program going when federal funding is shut off, but it will be difficult. LOP grants make up a third of the agency’s budget.

“We just really cannot bear the thought that they would have absolutely nowhere to turn for the critical informatio­n that we have been giving them,” she said.

The Legal Orientatio­n Program is one of those rare areas where all sides of the immigratio­n debate should find common ground. It allows for the quicker deportatio­n or departure of people who clearly lack the legal right to be in the country, while providing some level of due process for those who may have a right to stay. El Paso’s Lopez said her Legal Orientatio­n Program staff have found U.S. citizens facing deportatio­n.

If the administra­tion refuses to reverse this senseless decision, Congress should act. It already appropriat­ed funds for the Legal Orientatio­n Program in the 2018 spending bill.

If the Trump administra­tion wants to study the program’s effectiven­ess, do it while the program continues to operate. The 5th and 14th amendments to the Constituti­on guarantee all persons the right to due process of law. This administra­tion continues to undermine that fundamenta­l right.

Newspapers in English

Newspapers from United States