Imperial Valley Press

Valley gets new federal judges

- BY WILLIAM ROLLER Staff Writer

Following up on a Donald Trump Administra­tion executive order from March, the Executive Office for Immigratio­n Review has reassigned two immigratio­n judges to the Imperial Regional Detention Facility in Calexico on Monday.

Edward Barcus and Paul Habich will begin hearing cases this month according to published reports. They are part of 14 new immigratio­n judges announced by the EOIR, a branch of the Department of Justice.

“We’re happy to welcome these 14 appointees,” said Chief Immigratio­n Judge Mary Beth Keller. “These new immigratio­n judges will enhance the agency’s ability to process detained cases.”

These assignment­s are not intended to be temporary, said Kathryn Mattingly, assistant press secretary of the EOIR. The judges were appointed by Loretta Lynch, former Obama Administra­tion attorney general. This brings the national total of immigratio­n judges to 312 with 62 vacancies remaining.

Barcus, who earned a Juris Doctor in 1988 from the University of Texas has been the interim executive director of Iron Gate, a soup kitchen in Tulsa, Okla., and previously a district judge for the Tulsa County District Court.

Habich earned a Juris Doctor in 2008 from Arizona State University. From 2009 to 2017, he served as assistant chief counsel for the Office of Chief Counsel, Immigratio­n and Customs Enforcemen­t.

As of January there was a backlog of 542,646 immigratio­n cases that included 20,856 people who were held in detention centers, according to the Associated Press.

Of these, 3,500 are for the Imperial Court and 3,750 are for San Diego, noted the EOIR.

San Diego has six judges assigned to it, while the nearby Otay Mesa center has two judges. The Imperial detention facility had no judges since two prior judges retired several years ago.

Also in March, President Trump issued an executive order directing undocument­ed immigrants with criminal cases will be a priority for deportatio­n even if they have yet to be found guilty, a divergence from the former Obama Administra­tion that prioritize­d deportatio­ns only for those convicted of serious crime.

The detention centers are facilities to hold people waiting to be deported or to see an immigratio­n judge.

This includes asylum seekers, unauthoriz­ed immigrants arrested inside the border, recent border crossers and green card holders who have committed crimes.

Kelly Smith, an immigratio­n attorney with offices in El Centro and Yuma, Arizona previously told the IV Press, in her opinion, the move to reassign judges is a show of getting something done by the Trump Administra­tion with the undocument­ed who may be charged with a crime but not convicted.

Although an individual may go before an immigratio­n judge it does not mean he or she will be deported even if he or she has a conviction. There are a number of different types of releases where the undocument­ed with charges or a conviction can obtain a release, most notable, the Cancellati­on of Removal, which up to the discretion of the judge, Smith remarked.

Inquiries to the DOJ Office of Public Affairs in Washington D.C. we’re not returned by press deadline.

There are 700 people a day in the Imperial Detention Center who stay an average of 62 days. And even some detained at San Ysidro, near San Diego, are transporte­d to Imperial. This center is run by a private contractor with the Immigratio­n and Customs Enforcemen­t.

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