Why Immigration Judges Say Cornyn and Cueller's Solution to the Surge Won't Work

Categories: Immigration

ResizeCornyn.jpg
Gage Skidmore
Sen. Cornyn wants to expedite unaccompanied kids through the legal system in his "Humane Act."
Republican Senator John Cornyn and Democratic Congressman Henry Cuellar this week were heralded, by The Dallas Morning News among others, for their proposal to hire scores of new immigration judges to begin ruling on child migrant cases within a week or so of their arrival, as a show of force to the Central American countries where gang violence has sent thousands of kids streaming across the Texas border.

"They need the strongest possible signal -- planeloads of deportees returning home in defeat -- to understand that this is not a route to success," the News wrote in an editorial on Tuesday.

It would be a strong signal, no doubt. It also, say advocates, lawyers and immigration judges, would be a disaster.

Under a 2008 law designed to protect trafficking victims, Central American kids apprehended by Border Patrol agents are placed into federal custody and reunited with their families as they await their day in court, which takes years. Some have legal claims to stay, and some don't -- but few are ultimately deported before their 18th birthday, according to experts and immigration lawyers.

Under the Texas lawmakers' proposal, the kids would be treated more like those from Mexico, who are turned around at the border. They would need to file a claim with immigration court within a week of being screened by the Department of Health and Human Services. From there, a judge would have to make a decision on their case within 72 hours, and many of the kids would be shipped right back.

But that's impossible, says Dana Marks, president of National Association of Immigration Judges and an immigration judge for 27 years.

"Immigration law is repeatedly compared to tax law in terms of complexity. So it's problematic to think that a judge can explain to minors what their rights and responsibilities are," Marks says. "And to do it in an expedited fashion is extremely difficult. Another concern about a tight deadline is that the kids are traumatized from the journey. Psychologists will often document that children won't be able to talk about what they've gone through if they've had a trauma."

Marks says between multifaceted asylum cases, hundreds of pages of legal documents, and an overburdened system, each individual case is extremely complicated. It involves not just intimate familiarity with the American immigration system, but becoming acquainted with the individuals' home country's legal system. And immigration judges are exhausted: Marks has roughly 2,500 pending cases currently on her docket, and is not unusual in this. Most non-immigration judges only have about 440 pending cases at a time.

Even with 40 more judges, rushing cases through the legal system within 72 hours is not just an impossibility -- it's dangerous.

"The stakes for these kids can be life threatening. We often say we're doing death penalty cases if a person is fleeing persecution," Marks says. "If a judge makes a quick call and sends them back to their home country, they risk the fate of sending them back to possible death. And that's why it seems unrealistic that this bill would be workable."

Stacy Jones, an attorney for the U.S. Committee for Refugees and Immigrants, works with many of the unaccompanied immigrant kids that are currently pouring into the U.S. She says creating a solid relationship with young clients is a critical step in the process -- and that takes time.

"It's tough. You need to get their whole story," Jones says. "The younger a child is, the less able they are to articulate what happened to them or why they came to the U.S., and the younger they are, they're likely not traveling with a ton of documents. Obviously when you're representing a child you try to to build a relationship and trust with them. ... All of these kids have gone through terribly traumatic situations, and you need to build this relationship to be able to talk about very troubling things."

Bill Holston agrees. He's the Executive Director of the Human Rights Initiative of North Texas, which helps refugees navigate the immigration system. The group's cases often take months to build and years to adjudicate, and not only because of the beleaguered system.

"These deadlines are draconian," he says. "It's not easy for child to sit down with attorney, or even have access to an attorney, and to have an adequate amount of time to explain what's happened."

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89 comments
DavidRoot
DavidRoot

Why don't these articles ever refer to international laws, conventions, and treaties? Are immigration judges and police not required to enforce international rules? Or do domestic laws trump them?

markie19
markie19 topcommenter

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ROFLCopter
ROFLCopter

This is amnesty by another name.  The judges are in the bag for Obama.  Nevermind every single person that crosses our border that circumvents our legal immigration system is committing a felony.  

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

While the wreckage of Malaysian Airlines Flight 777 is still smoldering, Limbaugh rushed in to accuse CNN and Obama of being in cahoots to bring down the plane in order to deflect attention from our border situation.

davej.francis
davej.francis

No one wants to even imagine what incorrigible act Obama, the dictator, will do next... but we have a duty to stop him, anyway we can. His loyalists—the parasites that thrive in our free-giveaway society, will always vote for his ideology, of getting free food stamps, free housing vouchers as well as cash. These are the citizens who have never worked hardly in their lifetime. But instead preferring to sit in front of the television and stuff their faces with pizza, while the rest of us pay the taxes—to pay for the freeloaders. Same with illegal aliens as they have learned to game the system, whether with stolen Social security numbers, federal ITIN numbers.

So whatever the price to us people, this tyrant of a president must be prevented from carrying out each phase of his “fundamental change” to our great nation as the executive branch of government is controlling our future, which is prohibited in our beloved Constitution. Obama has bypassed the Congress “to do what HE Will, as the whole of the Law”. Obama and his drones have already caused mammoth damage, to foreign diplomacy, our economy and that will take decades to disentangle. His socialistic ideas are not much different from a Marxist attitude towards of building a mega-government that we must obey and all controlling. This administration lies all the time; to the most gullible that believe them and who are enthusiastic about “Something for nothing”. We must take steps to get our voices heard across America and rally our grassroots family, friends, independents and all moderate conservatives, even Democrats.

 It’s an outrage what’s happening at the Southern border, with a main silence coming from the Democrats. Two sheriffs on the border said that criminal were bring larger drug loads across both the North and southern border, and criminal activity was up. The sheriff in one isolated county in Texas told a cable news network, that a Mexican national who had been deported 4 times was back again and raped a young woman.

That old weasel Sen. Harry Reid says the border is secure, while border patrol officers are obligated to assist with the welfare of thousands of infants, pregnant mothers and teenagers who stood within the jurisdiction of our soil--demanding to be detained. So how can the border be secure, when a stream of illegal aliens slipping past the border? You just have to look at the 50,000 who are in custody.

Congress needs to amend the 2008 child Trafficking act, so every country is included and not just Mexico? That way we can accelerate the deportation of anybody? Why are we not expediting this law, so we can stop this illegal alien invasion travesty? Politicians at the usual snails pace in Washington debate how to best deal with the influx of illegal immigrants from Central America along the southwest border, smugglers continue to transport women, children, and entire families into the country; now we have to accommodate them, feed them and offering medical care, when inflation for the American people is climbing upwards. Have you notices the price of gas and your groceries lately? Once again the government is lying to you and informing us that there is hardly any inflation? THAT’S WHY SENIOR CITIZENS ARE NOT GETTING A LITTLE EXTRA IN THEIR SOCIAL SECURITY, BECAUSE WASHINGTON IS DOSING US THEM WITH LIES ABOUT LOW INFLATION.

Then the Democrats are demanding $3.7 billion dollars for these illegal aliens, while we have homeless and millions of jobless Americans. Then the final straw some non-profit has a contract to house the unaccompanied minors in foster homes, offering $5064 dollars a month—tax free. America is in the middle of a nightmare, caused mainly Obama offering Dream kids a free gift of staying here, therefore making people in foreign countries, that are under the assumption that kids especially arriving here get to stay. Of course along with no money, they are carrying  invisible “travelers” that our lawmakers don’t like to mention: diseases the U.S. had controlled or virtually erased for decades: highly infectious tuberculosis, scabies Chagas disease, dengue fever, hepatitis, malaria, measles, plus much more.


These Illegal alien diseases and the lack of any major manpower on the Southern border have resulted in a gag order, according to some border agents who have defied their supervisors by speaking to reporters. Jane Orient, executive director of the Association of American Physicians and Surgeons, stated “admitting these huge groups of children puts the United States at jeopardy for epidemics of serious diseases and viruses that the nation has not seen in years. Cases coming from south of the border can be very resistant to medications.” Also coming across the border is pregnant women who are aware that once here, their progeny is born they can claim instant citizen, robbing Americans of benefits for our own children or taxpayers paying the bills for everything in costs for mothers. ITS NO WONDER PEOPLE SOUTH OF OUR BORDER THINK WE ARE A BUNCH OF SUCKERS AND FAT CATS.

If the border is so strengthened and it is sealed, how come there are warning signs of regions in Arizona that entering these locations at your own risk? Charles Krauthammer, a syndicated columnist was correct that that senile Senator Harry Reid “needs to take his meds”. But it was the ex Senator Kay Bailey Hutchinson of Texas who was really instrumental in leaving us wide open to invasion. She added an amendment within the 2006 Secure fence Act that eliminated the construction of 700 miles of double layer fencing, similar to the great success of the 50 mile length of fencing in San Diego.

American Patrol, a grassroots organization went ahead surveying the border, proving that 100 of miles were not fenced or even patrolled; nothing but Sage Brush and remnants of pre--1950 fencing, if at all exists? Large signs on highways explained the danger of drug cartels, illegal alien smuggling and other heinous activities. Mexico is not our friend; they have been looking the other way, of the mass invasion of our country and some of their policing authorities are bribed by the most dangerous drug gangs.

Blocking amnesty for illegals is up to us—grassroots America—the little citizens.  We need you. Check these site that has the phone Numbers and Mailing Addresses of Members of Congress atwww.contactingthecongress/ to demand an end to illegal immigration. You can also get alternative news about issues at One-America-News and TeaParty.org

The National TEA PARTY STATES NO IMMIGRATION REFORM, WITHOUT SEALING THE BORDER. NO IMMIGRATION REFORM AND NO PATH TO CITIZENSHIP.

TheRuddSki
TheRuddSki topcommenter

"Department of Homeland Security Secretary Jeh Johnson shocked senators of both parties when he revealed that it costs $250 to $1,000 per day to house each of the immigrant children who have recently arrived at the border."

And here I am trying to keep travel costs under $200/day, including hotels.

holmantx
holmantx topcommenter

The Border Crisis is now the no. 1 issue nationwide, according to a Gallup poll yesterday.

The party that obstructs, or gives the appearance they cannot stop the flow and repatriate those flowing in, it will look like 2010.

Wendy is dead meat. Abortion doesn't even register.

dingo
dingo

"Despite the attention it has received, by its own terms, the "William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008" — a law aimed, in part, at "unaccompanied alien children" who are victims of trafficking — may have little applicability to the current situation on the border:

  • It appears that a significant majority of children coming across are not "unaccompanied alien children" according to the definition found in federal law. Federal law defines an "unaccompanied alien child" as an illegal alien under the age of 18 who is without "a parent or legal guardian in the United States". Data from government agencies suggest that the overwhelming majority of minors arriving on the U.S. border have family in the United States.

  • There is little evidence to suggest that the recent arrivals are victims of trafficking, which involves coercion. Instead, families and their children are willing participants in smuggling operations, having paid smugglers to bring them into the United States. As ICE explains, "Human trafficking and human smuggling are distinct criminal activities, and the terms are not interchangeable."

  • Even where the 2008 trafficking act is applicable, provisions within the law allow its application to be limited in "exceptional circumstances", which — as one prominent Democratic senator recently suggested — might include the current border crisis."
  • http://cis.org/sites/cis.org/files/feere-trafficking_0.pdf

James080
James080

If the issue is gang violence and dangerous neighborhoods, when are the refugees from Chicago going to start crossing the Red River asking for asylum? Seriously, 82 people were shot and 14 killed, including teenagers, over the 4th of July holiday weekend, 2014.


http://www.slate.com/articles/news_and_politics/politics/2014/07/chicago_july_4_shooting_spree_the_police_department_undercounts_murder_and.html


Are teenagers living in Guatemala and El Salvador at any greater risk from gangs and guns  than teens in Chicago? I don't know how to solve Obama's mess, but what ever we do, our solution needs to embrace the concept of severely discouraging future illegal border crossings.

TheRuddSki
TheRuddSki topcommenter

@ROFL

AFAIK, illegal entry is not a felony. I think you get three strikes before you get actual jail time.

bvckvs
bvckvs topcommenter

@ROFLCopter 

Seriously?  You're denouncing Cornyn for being in favor of "amnesty".  What a fucking psycho!

TheRuddSki
TheRuddSki topcommenter

@Myrna

LOL.

"The radio show host called the disaster "an opportunity" for media outlets to distract viewers from the controversy surrounding President Obama and US border security."

No mention of conspiracy, just a logical statement.

Funny troll though.

ScottsMerkin
ScottsMerkin topcommenter

@Myrna.Minkoff-Katz Listening to Rush again?  geez.  I love foreign news rumor mills.  One I read was tha Putin's plane flew the exact route as MH17 one hour before MH17 went through and the planes at distance look alike including paint and maybe it was supposed to be an assassanation attempt on Putin

holmantx
holmantx topcommenter

@TheRuddSki

I think there's a chance the President will just call the whole thing off.

ScottsMerkin
ScottsMerkin topcommenter

@holmantx we've got worldwide border crisis going on worldwide

mavdog
mavdog topcommenter

@TheRuddSki 

“It’s a Malaysian Airlines jet,” Limbaugh explained to his listeners. “I’ve got the British Open [golf tournament] on the top monitor. I haven’t had CNN on all day. What do you want to bet they have broomed everything, and are covering wall-to-wall the Malaysian Airlines flight shot down by a missile?”

“I don’t want to appear to be callous here, folks,” he continued. “But you talk about an opportunity to abandon the bad Obama news at the border!”

Limbaugh insisted that he wasn’t “suggesting anything other than how the media operates.”

“It’s really eerie, why would it be shot down?” he asked. “Over Ukraine, it was shot down by a missile. This would lead one to believe that it is not an accident.”

http://www.rawstory.com/rs/2014/07/17/limbaugh-eerie-crash-of-malaysian-flight-is-an-opportunity-to-save-obama-from-border-crisis/

yes, Limbaugh knows well how to utilize nuance and suggestion to get the reaction he is seeking....which is people talking about him.

TheRuddSki
TheRuddSki topcommenter

@holmantx

He's been kinda quiet, just flying around doing the usual fund raising, entertaining, maybe a smidgen of golf.

So, he has to make a move, some kind of move, as long as its a move.

I suspect he will boldly do exactly what Americans aren't demanding.

Fuck you, I won, sue me.

TheRuddSki
TheRuddSki topcommenter

@Myrna

It's really kinda weird that the DO would devote space to such a non-issue of a quarter-million people crossing the border illegally in since October.

The real news today? President Gimme has two fundraisers in New York.

TheRuddSki
TheRuddSki topcommenter

@ScottsMerkin

Pretty soon we're going to have border crises on Uranus, and no-one will be more angry about it than our President when he reads about it in the papers.

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@bill.holston1 @James080 

Well, I suppose that would be a problem for the San Pedro Sula Police Department to take care of.

BTW, Hamas has been launching rockets with explosives at Israeli targets lately.  Where are the waves of illegal immigrants from Israel?

TheRuddSki
TheRuddSki topcommenter

@mavdog

Limbaugh insisted that he wasn’t “suggesting anything other than how the media operates.”

He insisted, but we know better, don't we?!

The major discussion, according to a full transcript, was the idea that Putin might possibly be behind it. Not an accident.

Rush is stating the obvious, this gets the border baby brigade off the top 'o the news.

But I'll grant you that Rush haters are much better at telling us what Rush has said than Rush is.

ScottsMerkin
ScottsMerkin topcommenter

@Myrna.Minkoff-Katz @ScottsMerkin of what? oh nevermind.  PuffHo lol

holmantx
holmantx topcommenter

@TheRuddSki

Maybe he should say, HEY!

watch this!

(flurry crisp of air punches!)

"whataya think?"


otherwise just call the whole damn thing off.  

take a mulligan.

but he won't because the Party in November is . . . expendable. 

ScottsMerkin
ScottsMerkin topcommenter

@TheRuddSki Would he actually invade Uranus or just hover around it on the edges, lurking?

mavdog
mavdog topcommenter

@TheRuddSki 

He insisted, but we know better, don't we?!

"we" know just what he said, see there's transcripts...

it was a caller who turned the discussion to Putin, not Rush. As the transcript shows, Rush spoke of the "opportunity to abandon the bad Obama news " and proceeded to say "it's eerie", folowed by "it's no accident".

he's great at suggesting what the listener should conclude. that's how Rush rolls....

But I'll grant you that Rush haters are much better at telling us what Rush has said than Rush is.

here, let me correct that: Rush lovers are much better at telling us what Rush has said than Rush is. that is how Rush idolatry works.

wcvemail
wcvemail

@dingo 
We're giving away our age with that Evelyn Woodhead reference. Also our (former?) listening tastes.

TheRuddSki
TheRuddSki topcommenter

@ScottsMerkin

Pleading from behind is the best strategy for a Uranus crisis. He'd probably employ a rim strategy.

But you can bet that borders will fall. Borders are what separate us!

TheRuddSki
TheRuddSki topcommenter

@mavdog

If you read transcripts only, you don't get Rush's into nations, sarcasm. Even Media Matters, that oh-so-honest hit group edited the sound bite. I wonder why?

Regardless, raise holy hell, he'll likely make more money off your effort.

Funny story - he once parodied liberal views of Mexicans, preceded by "this is how they think, folks". It was not flattering.

President God's campaign team (Him) then excerpted Rush's parody of the liberal view of Mexicans, and presented it, with translation, in ads on Latino radio - except they presented the parody as Rush's opinion of Mexicans.

Now that's how you get to be leader of the free world and a cult figure, lie your ass off.

holmantx
holmantx topcommenter

@TheRuddSki

He'd shadow-box them into submission.

Or blame the Sun for the lack of light to cast his shadow.

TheRuddSki
TheRuddSki topcommenter

@TheCredibleHulk

I like Ed Schultz, he's mentally imbalanced. But I don't listen to any talk radio, I just pick up on the latest outrage, like Myrna and mavdog - who could be marched happily off to a gulag by Obamagoons, while complaining all the way about FOX.

Most dictators are deeply loved by somebody.

mavdog
mavdog topcommenter

@TheRuddSki

Wow, I'm shocked that you turned the discussion of what Limbaugh said into a rant about Obama! Just shocked I tell you, so out of the blue....

Interesting that you use the term "outrage" for my comments on Limbaugh. I know in your pursuit of all things Obama you may have overlooked the fact I never gave any judgement on Limbaugh, just provided the facts. That is foreign to you I understand, you can't grasp that a post isn't used as a tool to attack but just to further the discussion.

Carry on...

TheRuddSki
TheRuddSki topcommenter

@mavdog

Mavdog is shocked, shocked!

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