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Association of Immigration Judges Asserts that Performance Quotas are a Threat to Due Process

The National Association of Immigration Judges (NAIJ) stated that it opposes EOIR’s plan to evaluate immigration judges (IJs) using numerical measures such as performance quotas, stating that “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” NAIJ also submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt IJs from performance reviews, noting Administrative Law Judges are already exempt because quotas are “antithetical to judicial independence.”  Another attempt by Trump to limit constitutional rights of immigrants

What is the result of Trump trying to deport millions?

The deportation rates of undocumented immigrants have increased in the federal Immigration Court for the first time in eight years as President Trump starts to make good on his promise to expel millions of people. But even as the Trump administration expands its dragnet, the court is so backlogged that some hearings are being scheduled as far in the future as July 2022

Thus, as Trump will see, you cannot just kick everybody out of the country. The US gives rights to people.

Trump Team Drafting Plan to Deport More Young People—Central American Teens

The Trump administration is weighing a new policy that would fast-track the deportation of thousands of Central American teenagers who arrived at the southern border, unaccompanied by adults. This new policy would call for the expedited deportation of more than 150,000 young people currently protected by the Unaccompanied Alien Children (UAC) program, many of whom arrived at the southern border, escaping violence and poverty in El Salvador, Honduras, and Guatemala. Under the plan being discussed, teens in this group would be sent back to their countries when they turn 18 under a fast-track deportation, preventing them from seeing an immigration judge before they are deported

Court Finds Petitioner Who Voluntary Departed the U.S. Under Threat of Deportation Is Not Eligible for Cancellation of Removal

The Eighth Circuit denied the petition for review, holding that a failure to satisfy the warning requirements of 8 CFR §240.25 does not preclude a finding of voluntary departure under threat of deportation sufficient to break the 10-year period of continuous presence required to be eligible for cancellation of removal. The court thus found that the petitioner was not eligible for cancellation of removal under INA §240A(b), because he voluntary departed the United States under a threat of deportation in March 2001, thus breaking his continuous presence in the country.

United States to Sanction Four Countries for Refusing Deportations

CNN reports that the Trump administration will impose visa sanctions on four countries that refuse to take back foreign nationals deemed to be in the United States illegally, DHS spokesman Dave Lapan said. The four countries—Cambodia, Eritrea, Guinea, and Sierra Leone—come from a running list of countries the United States designates as “recalcitrant” for not accepting, or delaying, repatriation of their own citizens after the United States has tried to deport them. Citizens of the four countries identified by the administration will face visa restrictions that could prevent them from entering the United States.

July 7, 2017 ICE Memo on Implementing Trump’s Border Security and Immigration Enforcement Plan

A memorandum dated February 21, 2017, obtained by ProPublica via FOIA, shows guidance ICE Enforcement and Removal Operations (ERO) officers received, stating that regardless of criminal histories, “ERO officers will take enforcement action against all removable aliens encountered in the course of their duties.” The memo also contains guidance on detention, stating that “the agency is currently expanding detention space to support the E.O.’s termination of ‘catch-and-release’ policies.” Additionally the memo discusses the use of parole and other release, the processing and treatment of unaccompanied children, and more. For more information, read this ProPublica article, “ICE Officers Told to Take Action Against All Undocumented Immigrants Encountered While on Duty.”

Court Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Not Eligible for Bond

The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.

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