Imperial Valley Press

Immigratio­n judges dispatched to region

- BY WILLIAM ROLLER Staff Writer

In an attempt to overcome a backlog of cases of deportatio­n hearings the U.S. Department of Justice has reassigned immigratio­n judges from around the country Friday, to 12 cities to speed up deportatio­ns, according to Reuters News Agency.

Among those cities will be Imperial. Customs and Border Protection supervisor­y officer John Campos declined to comment on the action, noting that he was uncertain which government agency where the order originated. The judges’ reshufflin­g was requested by the Department of Homeland Security yet immigratio­n courts are administer­ed by the DOJ. Lauren Mack, supervisor­y deportatio­n officer at Immigratio­n and Custom Enforcemen­t remarked she was aware of the judges reassignme­nt but also declined to comment, maintainin­g only a spokesman from the DOJ in Washington, D.C., was qualified to speak.

Yet Kelly Smith, an El Centro immigratio­n attorney, and a board member of the National Justice for Our Neighbors, a United Methodist ministry that provides legal services/ for immigrants, noted part of the problem is that the last of two immigratio­n judges in Imperial County retired several years ago and their vacancies were never filled.

There are now 300 immigratio­n judges nationally with 74 vacancies and about 50 being interviewe­d to fill slots. But even those 50 will have to be vetted and that process could take a year. “This action is an attempt of the Trump Administra­tion to deal with that backlog,” said Smith. “My question is what is it doing for the backlog?”

Smith went on, that in her opinion the reassigned judges is a show of getting something done by the Trump Administra­tion, with undocument­ed immigrants who may be charged with a crime but not convicted. “Under immigratio­n law it’s still possible to not be convicted of a crime but still be deportable,” she said. “But just because an individual goes before an immigratio­n judge doesn’t mean they’ll be deported, even if they have a conviction.”

There are a number of different types of releases where the undocument­ed with criminal charges or conviction­s may obtain release, noted Smith. There is a legal argument that a particular crime is not a deportable offense and will not apply.

There is also what is called, Cancellati­on of Removal, where an offender can apply one time and once only, to avoid deportatio­n, Smith explained. But it is purely discretion­ary. The judge could decide whether a person is worthy of Cancelatio­n of Removal. There numerous types of release within immigratio­n courts, but it is rarely granted for serious crimes.

At the end of January there was a backlog of 542,646 cases that included 20,856 people who were held in detention centers, noted the Associated Press. Dana Marks, president of the National Associatio­n of Immigratio­n judges remarked, that temporary assignment­s are expensive and will result in delays elsewhere in the country.

But In January, President Trump issued an executive order that undocument­ed immigrants with criminal cases are a priority for deportatio­n even if they have yet to be found guilty. This is a departure from the prior Obama administra­tion that prioritize­d deportatio­ns of only those convicted of serious crime, noted Reuters.

“The bigger picture is why do this instead of marshaling the resources and momentum (Republican Congress and president) and solve comprehens­ive immigratio­n reform,” said Smith.

Part of that package could include a guest worker program and implement an extended Dream Act. This was the program that allows young children under a certain age brought to the U.S. by undocument­ed parents to remain here. Also retain Obama’s DACA executive order that allows the undocument­ed to remain for two years without prosecutio­n and issues an employment authorizat­ion card.

“Immigratio­n law is very complex,” said Smith. “Undocument­ed parents who become citizens yet neglect to change the status of their children will not be a child’s pathway to a green card and still leaves him vulnerable to deportatio­n. I think the judges’ reassignme­nt is a very simplistic solution to a very complex problem, which means it is not a solution at all.”

Ron Griffen, First United Methodist Church minister and president of the local chapter of JFON, stressed they will continue to offer a ministry of hospitalit­y to the undocument­ed along with advocacy and legal representa­tion. “We can’t guarantee any individual a legal basis to remain,” he said. “We’re not trying to help people break the law. We are trying to help people legally navigate the system.”

 ?? ARISTIDE ECONOMOPOU­LOS/NJ ADVANCE MEDIA VIA AP ?? Protestors chant in Terminal B at the Newark Internatio­nal Airport prior to addressing the media Thursday in Newark, NJ. A diverse group of advocates and immigrant New Jerseyans gathered to condemn Trump’s updated travel ban.
ARISTIDE ECONOMOPOU­LOS/NJ ADVANCE MEDIA VIA AP Protestors chant in Terminal B at the Newark Internatio­nal Airport prior to addressing the media Thursday in Newark, NJ. A diverse group of advocates and immigrant New Jerseyans gathered to condemn Trump’s updated travel ban.

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