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Thread: Absent attendance and absent enforcement in America’s immigration courts

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    Default Absent attendance and absent enforcement in America’s immigration courts

    March 19, 2017

    U.S. immigration enforcement and adjudication are failing.

    American immigration courts have the highest failure to appear rates of any courts in the country.

    Over the last 20 years, 37 percent of all aliens free pending trial failed to appear for their hearings.

    From the 2,498,375 foreign nationals outside detention during their court proceedings, 1,219,959 were ordered removed, 75 percent of them (918,098) for failing to appear.

    Only 25 percent of this group — some 301,861 people — actually litigated their claims.

    Trial courts are three times more likely to issue removal orders for failure to appear than removal orders based upon the merits of fully litigated claims.

    Nearly 46,000 people each year disappeared from court.

    Deportation orders for failure to appear are the largest group of orders issued by immigration courts outside detention facilities.

    From 1996 through 2015, removal orders for failure to appear numbered 918,098.

    Among those who absconded from court were 3,095 aliens from the 36 countries that promote terrorism.

    A disproportionate number — 338 altogether — came from those countries the U.S. State Department labels state sponsors of terrorism: Iran, Sudan, and Syria.

    As populations from countries that promote terrorism have increased — from naturalized citizens, immigrants, and refugees — plots and acts of Islamic-inspired terrorism have also increased, more than twice as many under Barack Obama than under George W. Bush. Unexecuted removal orders now number 953,506 — a 58 percent increase since 2002.

    An average of 25,107 unexecuted orders of removal were added each year through 2015.

    Practical reforms that serve America's age-old immigration world view — to attract the talented, redeem the persecuted, and remove the offender — are needed now, perhaps more than ever in our history, as a remedy for policies that have diminished the deserving, emboldened the suspect, and rewarded the violator.



    https://cis.org/Report/Courting-Disaster

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    That means that 63% of them do show up? Suckers.
    Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
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    It began with so much promise in 2008.

    Assurances of secure borders and effective enforcement were send-ups for an immigration system badly needing both. One candidate, Barack Obama, seemed to get it.

    His campaign website quoted him: "In approaching immigration reform, I believe that we must enact tough, practical reforms.We need stronger enforcement on the border and at the workplace, but for reform to work, we also must respond to what pulls people to America. The time to fix our broken immigration system is now."

    Obama spoke reasonably. His words invoked accountability for a system needing a strong dose of bottom-line sternness and he seemed to understand that for America's immigration system to work, it must sanction as well as redeem. He clearly declared that for a country to be secure, its borders must be sovereign.

    But Obama promised one thing and delivered another. Courts became rubber stamps for enforcement that didn't enforce and prosecution that didn't prosecute. What removal orders they issued went unenforced by Homeland Security officials whose Obama administration "smart enforcement" initiatives — never mentions immigration courts and removal orders.

    Judges on immigration courts across the country described a system plunged into turmoil by appointees at the Departments of Justice and Homeland Security who ignored statutes, precedent, and regulation and imposed policies that dramatically increased backlogs and nearly halted adjudication.

    Misusing the tools of "prosecutorial discretion" and "administrative closure" — continuances granted to avoid trial — prompted dismissals and ever-growing caseloads. These are the most recent in a long line of failures that have helped unmake a court system and its enforcement assets, resulting — says the U.S. Second Circuit Court of Appeals — in laws, regulations, and practices that engender "waste, delay, and confusion."

    https://cis.org/Report/Courting-Disaster

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    Quote Originally Posted by Damocles View Post
    That means that 63% of them do show up? Suckers.
    It says that over the last 20 years, 37 percent of all aliens free pending trial failed to appear for their hearings. That doesn't mean that 63% of all apprehended aliens show up. It doesn't address aliens released on their own recognizance (no bond, no hearing) by ICE, which was a common practice during the Obama Administration. Some aliens were never even ordered to appear.

    President Trump signed a memorandum on Friday ordering agencies to "expeditiously end" the practice known as "catch and release" that allows immigrants caught in the U.S. without proper documents to be released from detention while their cases play out in court.

    The memo signed by Trump orders the Department of Homeland Security, in coordination with other agencies, to submit a report to the president within 45 days "detailing all measures that their respective departments have pursued or are pursuing to expeditiously end 'catch and release' practices."

    The report instructs departments to share information on any contracts to construct or operate detention facilities along the border as well as steps taken to assign asylum officers at detention facilities, among other measures.

    As part of the order, Trump is requesting "a detailed list of all existing facilities, including military facilities, that could be used, modified, or repurposed to detain aliens for violations of immigration law at or near the borders of the United States."

    Trump has also directed Attorney General Jeff Sessions and Homeland Security Secretary Kirstjen Nielsen to identify any other resources or steps "that may be needed to expeditiously end 'catch and release' practices.

    Absent attendance at court produces chronic failures to appear nearing a million people whose disappearances were muted in annual reports to Congress. Their numbers make up the largest part of unexecuted deportation orders.

    Absent enforcement — the flat refusal of a presidential administration to secure the borders and interior of the United States — resulted in 953,506 violators unremoved years after their deportation orders were final, a 58 percent increase since 2002.

    https://cis.org/Report/Courting-Disaster

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