ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Immigration Law Blogs on ILW.COM

Even with no new arrests, it would take four years to eliminate immigration court backlog. By Nolan Rappaport

Rate this Entry

© Getty Images

Credible fear findings in expedited removal proceedings are plummeting, and this may just be the beginning of a campaign to reduce the demand for asylum hearings.

In expedited removal proceedings, aliens are deported after an interview with an immigration officer, without further proceedings, unless they express a fear of returning to their own countries.

If they can convince an asylum officer that they have a credible fear of persecution or that it is more likely than not that they will be tortured if they return to their own countries, they will be scheduled for an asylum hearing before an immigration judge.

An alien’s fear is considered “credible” if it shows a “significant possibility” that he will be able to establish eligibility for asylum or for deferral of removal under the Convention Against Torture.

The persecution has to be on account of race, religion, nationality, membership in a particular social group, or political opinion. Otherwise, it will not make the alien eligible for asylum, no matter how serious it might be.

If the asylum officer rejects the alien’s claim, he can request an administrative review of the officer’s determination, which will be performed by an immigration judge. If the immigration judge rejects the alien’s claim too, he is deported without further proceedings.

Why it is necessary to expand the use of expedited removal proceedings.

President Donald Trump’s immigration enforcement program is failing because of an immigration court backlog crisis. If he doesn’t eliminate that backlog soon, the population of undocumented aliens will be substantially larger when he leaves office than it was when he began his presidency.

Read more at http://thehill.com/opinion/energy-en...hard-times-are

Published originally on The Hill.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.










Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to Facebook Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to Twitter Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to Google Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to StumbleUpon Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to Reddit Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to Digg Submit "Even with no new arrests, it would take four years to eliminate immigration court backlog.  By Nolan Rappaport" to del.icio.us

Comments

  1. ImmigrationLawBlogs's Avatar
    Nolan is absolutely right about a legalization program being the only realistic solution to the immigration court backlog and to the presence of large numbers of unauthorized immigrants.

    However, suggesting that Trump is willing to work with the Democrats on legalization but the Democrats might not be willing to work with him may be good political propaganda and Fox News material, but the reality is far more complicated.

    First, Trump has made demonizing and vilifying Latino and other brown immigrants the centerpiece of this fall's election campaign by constantly suggesting that all immigration, including legal immigration, is associated violent crime and terrorism, including a very small group with only 10,000 members in the US known as MS-13.

    If he supports any kind of large-scale legalization, he is going to have a big problem with the same base voters whose hatred of Latino, black and Middle Eastern immigrants he is inflaming in the same way that Adolf Hitler inflamed the prejudices of ordinary Germans against the Jews - for a much more deadly purpose to be sure - Trump is NOT an antisemite, a Nazi, or a supporter of genocide, and I have made this absolutely clear in everything I have written about him.

    Even when Trump first proposed a very limited DACA legalization, there were anguished cries of "Amnesty Don" from his own right wing,

    Second, Trump is making it impossible for Democrats to work with him on legalization by insisting on major cuts in legal immigration - ones which are obviously intended to affect mainly non-white parts of the world which Trump calls "shithole" countries, as the price for any kind of legalization.

    As long as Trump continues to base his immigration policies on race - to appeal to white voters who are unwilling to accept the fact that America is a racially diverse country and becoming more so, with white people in general inevitably becoming one more of the respected and valuable minority groups which have done so much to make this country truly great (such as Jewish, Italian, German, Norwegian, African, Haitian, Iranian, Afghan, Chinese, Vietnamese, Somali, Cuban, Honduran and Mexican immigrants, to name only a very few) there will be no legalization and no solution to either the court backlog or the problem of illegal immigration in general.

    Roger Algase
    Attorney at Law
    Updated 08-06-2018 at 08:17 PM by ImmigrationLawBlogs
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: