A little over a month ago the Department of Justice (now, there’s an oxymoron) issued a directive to immigration judges, who are employees of DOJ, that they should dismiss, or “pretermit,” asylum cases that were legally insufficient.” What that term means is more than debatable. Let me give you an example.
M entered the country in 2014, a victim of domestic violence inflicted by a gang member in El Salvador. She applied for asylum within one year, as required by the law and had her first hearing, called a master, like an arraignment in traffic court, in 2016. The immigration judge (IJ), rather than setting her merits hearing, pushed her into another master, in 2018, even though as her attorney, I requested a hearing on her claim ASAP.
Then came COVID, and everyone was rescheduled. At the hearing last week, the DHS attorney moved to “pretermit,” to dismiss her claim without a hearing on the basis that now, 11 years later, her case was “legally insufficient,” old and outdated. Here, the IJ did hold the hearing, but denied her because the evidence was “stale.” But other IJs are just dismissing cases, refusing to hear them. Nothing pending, they are ICE targets. Welcome to immigration justice in this new age.
Prayer for the Day
Avoiding painful truths of events around us,
We often prefer darkness to the light;
Floundering in despair at the news we read,
We are often caught in our own ineptitude.
May we do more than simply shake our heads,
And work to bring our Nation back to its foundations.
In the name of the One who calls us to justice,
Even Christ Jesus our Lord, Amen.
Thoughts for the Day
It’s deeply disturbing and it seems unfair, but I think it is within DHS’s authority. The blindsiding of these people who appear in court, it’s heartbreaking and it’s not what I want this country to be, but this is what it’s turning into.
Jennie Giambastiani, retired Immigration Judge
The Trump administration is pressuring judges in immigration courtrooms to function more like cogs in the mass deportation machinery rather than as fair and balanced arbiters of the law. That is not the way Americans want and understand our judicial system to work. Immigration judges should be worried about this.
Greg Chen, immigration advocate
Sow for yourselves righteousness; reap steadfast love; break up your fallow ground;
For it is time to seek the Lord that righteousness may be rained upon you.
Hosea 10: 12