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How Sessions Is Making an Overstretched Deportation System Even Less Fair

Jeff Sessions
Jeff Sessions
Katrina Eiland,
Deputy Director,
老澳门开奖结果 Immigrants鈥 Rights Project
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June 28, 2018

Let鈥檚 say you came to this country as a 3-year-old with your parents and overstayed your visa. You felt American. You graduated from high school and college, and you fell in love with a U.S. citizen and got married. But upon applying for legal status, through your spouse, you got stopped by immigration authorities, arrested, and told you鈥檇 be deported.

In the past, a mechanism called 鈥渁dministrative closure鈥 could have helped. Until about a month ago, it would have allowed an immigration judge in one arm of this country鈥檚 sprawling immigration apparatus to pause the deportation process in order to allow another arm of the government to process the petition for legal permanent residency. This crucial tool has for decades helped judges to ensure fairness and efficiency in deportation cases, allowing them to temporarily take certain cases off the docket.

But now Attorney General Jeff Sessions is restricting this critical power. On May 17, that severely limits administrative closure. Now, instead of having the discretion to close cases whenever it makes sense in light of relevant circumstances, judges are restricted to granting administrative closure only in narrow situations that largely apply to a small and dwindling universe of immigrants from select countries 鈥 a small fraction of the total number of cases currently administratively closed.

, and agree that curtailing administrative closure will have an enormously negative impact on immigrants in removal proceedings 鈥 something Sessions knew well when he chose unilaterally to end the practice in nearly all cases.

Sessions鈥 ban on administrative closure means that husbands and wives of U.S. citizens awaiting permanent residency could be ripped away from their spouses before they can complete the process. It could mean people not mentally competent to participate in their deportation proceedings could be forced to move forward anyway. And unaccompanied children seeking special protective status could be sent back to dangerous situations before their backlogged visas are available.

The attorney general鈥檚 decision to wipe out administrative closure will also contribute to the already massive backlog of more than immigration cases, further squeezing the courts and undercutting immigrants鈥 opportunities to fairly present their claims. Immigration courts are already . But they have to make critical, sometimes life-or-death decisions about whether immigrants 鈥 many of them asylum seekers fleeing persecution or Dreamers with deep roots in their communities 鈥 will be admitted or exiled.

As Immigration Judge Dana Leigh Marks , immigration courts are already 鈥渄oing death-penalty cases in a traffic-court setting.鈥 But with this administration鈥檚 policy changes, even that traffic court is turning into a kangaroo court. Mistakes and due process violations will inevitably result. It鈥檚 not hard to see how people who legally qualify to remain in the U.S. could be deported.

This is just one of many changes Sessions is imposing to make immigration procedures less fair. He is planning to weigh in on case that could make it much harder to get a 鈥渃ontinuance鈥 鈥 another important tool in immigration judges鈥 toolkit that allows immigrants more time to get a lawyer, prepare their case, or await the outcome of an immigration application. And earlier this year, Sessions鈥 Department of Justice announced that it would be putting in place ambitious case completion goals on immigration courts and on individual immigration judges, both of which increase the pressure on judges to and limit delays of any kind.

We鈥檝e partnered with the American Immigration Council to put out a practice advisory that helps immigrants and their lawyers navigate this latest attempt by the administration to further undermine basic fairness in the removal system. As we explain, although Sessions is ruling out administrative closure in most cases, immigration judges continue to have valuable tools that they can and should use to bring some reason and fairness to the deportation system. And whether the attorney general likes it or not, our Constitution guarantees the right to due process 鈥 including when it comes to deportation.

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