Immigration Court Judges Lament Inefficient System, Want to Be Separated From Department of Justice
Leaders of an immigration judges' union believe that immigration courts these days are an "alternate legal universe" and need reconstructing.
According to the judges, the influx of unaccompanied Central American minors crossing the U.S. border since October 2013 has exacerbated the problems of immigration courts, NBC News reports.
For example, many defendants in the courts do not have attorneys. Judges have little leeway when it comes to those facing convictions that are decades old. There is no bailiff or court reporter, and judges catalogue evidence themselves.
Dana Leigh Marks, National Association of Immigration Judges president, said the lack of resources is especially concerning as immigration courts deal with what can be considered "death penalty" cases, as some of those deported may be killed once they return to their homeland.
"Immigration courts are the forgotten stepchild of the U.S. Department of Justice," the San Francisco federal administrative judge said. "Our role is to serve as a neutral court but paradoxically, we are housed in a law enforcement agency."
In addition, the courts lack resources. Immigration courts' budget is just 1.7 percent of the annual immigration law enforcement budget, which is $18 billion, Marks said.
Also, judges are overbooked; 277 field judges have dockets with more than 375,000 cases.
According to Marks, "the strain in showing."
"Because we have been left to the mercy of the political winds which constantly buffet immigration issues, we have been resource starved for decades," she said.
Denise Noonan Slavin, National Association of Immigration Judges vice president and a Miami administrative judge, says that the government plays a role in how immigration courts work. She said the DOJ determines whether or not a judge can remove themselves from a case. Department of Homeland Security attorneys are also allowed to speak with immigration judges, and such a thing is not permitted in other courts.
Slavin also laments the fact that cases of the recently crossed unaccompanied minors have been pushed to the front of line, even though hearing their parents' cases first is more logical.
"No other court would turn the docket on its head at the request of one party," Slavin said.
Marks and Slavin believe that the federal immigration court system should be separated from the DOJ, according to The Associated Press. Marks said this could be expensive, but it would be more efficient in the end.
"If your gas tank has a leak do you keep filling it up with gas or do you fix it first?" Slavin said.
In a statement, the DOJ said that separating the immigration court system, which was meant to be part of the agency, "would take significant resources."
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Follow Scharon Harding on Twitter: @ScharHar.
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