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Greg Siskind on Immigration Law and Policy

Justice Delayed is Justice Denied

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275,316 - that's the number of cases pending in immigration court as the backlog of deportation cases has increased 48% since 2008 - a new record. A lot of this has to do with the massive increase in immigration enforcement that has occurred in this Administration (which the antis deny is actually happening at all). EOIR is trying to keep up - 50 new judges have been hired recently. But they need more money to ensure people get reasonably fast processing and also to ensure that Immigration Judges have manageable caseloads. There are some courts with judges so overloaded that it is very difficult for people to get a fair hearing. I've heard immigration court described as having the "busyness of a traffic court with cases having the consequences of a capital case."

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  1. Another Voice's Avatar
    An Immigration attorney friend of mine said this....not sure what is your take on it Greg

    I have NO problems with immigration court backloads, in fact LOVE it...Most of the time is the only reason why we can keep our CLs in the US for a longer time. And those who do not get an immigration bond normally have a bond hearing within 2-3 weeks. Additionally, it is a good reason to make the judge reassess DHS's decision of not setting a bond amount for an alien. Besides, I can give you a couple of solutions to your problem: 1) set a bond amount for all the detainees who are only guilty of misdemeanor (most of them); 2) STOP pursuing innocent people who aren't endangering the country, they are just doing the same work they have done for YEARS and you have conveniently accepted for decades!
  2. Texanmom's Avatar
    Greg- Not sure if you read this: Texas moves ahead with controversial immigration enforcement program

    Best regards,
  3. Greg Siskind's Avatar
    Depends if your client has any real defense. Remember, if your client actually has a remedy available, you don't get the benefits until the court rules. But you're correct that it buys time if that's all you have available.
  4. Jack's Avatar
    From Texanmom's link:

    ICE officials, however, clarify that "non-criminal removals" also includes "pre-conviction arrestees."

    "All people identified through Secure Communities have also, separately, been booked into criminal custody and charged with a state criminal offense. These individuals have all been arrested and booked on at least one criminal charge. Many of these individuals have also been arrested on prior occasions."

  5. gg's Avatar
    "The anti-enforcement lobby loves to say that high percentages snared in Secure Communities have "committed no crimes". This is highly misleading because a high percentage of people charged with crimes are ultimately convicted. Just because they have not been convicted yet does not mean they did not commit the crime. Of course, it doesn't sound as good to say "charged with a crime or crimes but YET to be convicted (or acquitted)".

    Well ... what is crime in one state is not in another .. red states have made it easy to charge people with crimes. Most of the so called crimes committed are driving with expired licenses, speeding etc

  6. gg's Avatar
    Highly skilled temporary and permanent immigrants in the United States now outnumber lower-skilled ones, marking a dramatic shift in the foreign-born workforce that could have profound political and economic implications in the national debate over immigration.
    - WP
  7. Another Voice's Avatar
    "Of course, the best way to lessen the load is deterring people from coming in the first place."

    I can think of a few ways to do that Jack.....

    1) send all these jobs to other countries
    2) Fix the immigration system in order for these cases not clog the system
    3) Fund the immigration court system better instead of the the security props that are just for posturing

    But I am sure for you Jack it would be.....

    Build the fence, deport them all, no legal rights for immigrants, no right to counsel, detentions w/o bond etc you may as well post the NumbersUSA wishlist
  8. Another Voice's Avatar
    Alabama Law Bans Transporting, Housing Undocumented Immigrants
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