This is the so-called "American" trying to play the race card:
Thomas Saenz of MALDEF ("Malformed and Deficient"?!)
Posted on 10/23/2018 8:04:15 AM PDT by yesthatjallen
Attorney General Jeff Sessions appears to be exploring a rule that would expand his judicial power, and that some say would allow him to drastically reshape federal immigration policy.
In a notice posted this fall, the Department of Justice (DOJ) announced it is planning to propose a change to the circumstances in which the attorney general can take and rule on immigration cases.
Under past practice, immigration experts say attorney generals have only stepped in to affirm or overturn cases once the Board of Immigration Appeals (BIA) has given a ruling. Such interventions by attorney generals have also been rare.
Under the new proposal, the attorney general could make rulings on immigration cases before they get to the BIA.
“It’s very disturbing,” said Thomas Saenz, president and general counsel at MALDEF, the Mexican American Legal Defense and Educational Fund.
He argued the proposed change, which was included in the fall semi-annual regulatory agenda released by the White House, would give the attorney general too much power.
“This is an attorney general that has already demonstrated when he has done this under existing rules that he is biased, inhumane and, frankly, probably influenced by some racist views,” Saenz said.
DOJ Spokesperson Sarah Sutton called Saenz's characterization "absurd and woefully ignorant."
"It is widely acknowledged that our immigration system is broken and the Attorney General has been steadfast in his pursuit of a lawful and functional immigration system where all Americans can thrive," she said.
"The Department of Justice’s record demonstrates a commitment to the safety and security of all Americans while treating all persons with fairness and dignity. To suggest otherwise is to ignore facts.”
The notice in the regulatory agenda, which maps out agency actions for the coming year, said the cases where the attorney general could intervene would include “those pending before the Board of Immigration Appeals but not yet decided and certain immigration judge decisions regardless of whether those decisions have been appealed to the BIA.”
Plans for the proposed rule were first listed on the spring regulatory agenda released in May. At that time, the expected release date was September 2018. The action has now been delayed until March.
Sessions has already been aggressive in getting involved with BIA cases even without the proposed rule change.
Since taking office in February 2017, Sessions has stepped in seven times after the BIA has made a decision, and offered five rulings -- each adverse to the immigrant.
By comparison, the two attorneys general who served during former President Obama’s eight years in office took over just four cases, said Katrina Eiland, a staff attorney with ACLU’s Immigrants’ Rights Project.
Rulings from the attorney general are enormously consequential because they set precedent for immigration judges to follow.
In June, Sessions essentially made it impossible for victims of domestic or gang violence to qualify for asylum by overturning a BIA decision to grant asylum to a Salvadoran woman who claimed to be the victim of domestic abuse.
“The mere fact that a country may have problems effectively policing certain crimes—such as domestic violence or gang violence—or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim,” he wrote in his opinion.
Some have argued this authority to adjudicate immigration cases is a way for attorneys general to advance immigration policy.
Alberto Gonzales, who served as attorney general under former President George W. Bush, suggested in a 2016 Iowa Law Review article he co-wrote it could have been a less controversial way for Obama to roll out his Deferred Action for Childhood Arrivals (DACA) policy.
“This authority, which gives the Attorney General the ability ‘to assert control over the BIA and effect profound changes in legal doctrine,’ while providing ‘the Department of Justice final say in adjudicated matters of immigration policy,’ represents an additional avenue for the advancement of executive branch immigration policy that is already firmly embodied in practice and regulations,” the article said, quoting a Fordham Law Review article written by Joseph Landau.
Jeffrey Chase, who served as an immigration judge and a senior legal immigration adviser at the BIA under former President Clinton, said DOJ’s rule would give Sessions free range to change the law however he feels whenever he wants.
He said it would bring the system into an era of uncertainty over what is settled law.
Unlike federal district and circuit courts that are part of the federal judiciary branch, immigration courts fall under DOJ control. Immigration judges are DOJ employees and do not serve lifetime appointments like federal district and circuit court judges.
Immigration advocates say Sessions has already taken steps to cut away at their judicial independence.
DOJ announced in an April memo obtained by The Wall Street Journal that it was setting quotas to expedite immigration cases and NPR News reported in May that Sessions had ordered judges to stop putting deportations on hold by closing out cases while immigrants apply for visas and green cards.
Immigration advocates say the plan in the regulatory agenda appears to be another step to further cut back their power.
“It appears to be another move to further control the immigration courts and that’s problematic for due process and fairness in giving immigrants a fair shake in their immigration proceedings,” Eiland said.
Chase said the good news, from his perspective, is the policies set through rulings from the attorney general can be easily undone by a new administration.
Still, experts are alarmed by what they see as a broader effort by Sessions to rewrite immigration law.
“It seems transparent the intent to allow the attorney general to manipulate and distort the process by short-circuiting the normal procedures in order to impose the outcome he seeks,” said Lucas Guttentag, who served as senior counsel to Secretary of Homeland Security under the Obama administration.
But there is a question as to whether DOJ can legally do what it’s planning.
“I don’t know if they’ll get away with it,” Saenz said. “I think there are limits to his discretion and this would probably be very troubling to a court because it circumvents the due process provided in the immigration system.”
Decisions from the BIA and final rulings from the attorney general can be appealed to a federal circuit court, but Chase said Sessions’s rulings have not been final. He has instead sent cases back to immigration judges for further action, which delays the opportunity to appeal.
“He’s been very clever about not leaving any case in a position where it could be [directly] appealed,” Chase said.
Liberals complaining that the DOJ has too much power.
That’s rich!
What are the odds his ‘good intentions’ are thwarted by some random district court judge?
He successor will.
Did he check with his boss? Acting Attorney General Rod Rosenstein might not like this.
“Immigration advocates say Sessions has already taken steps to cut away at their judicial independence.”
so I didn’t read the whole story but if they are advocates, what judicial independence do they have? Advocates are just talkers and pushers.
Aren’t judges the ones who decide actual cases on immigration? and aren’t they supposed to decide them by existing law? judges are not supposed to be independent of the law.
Judicial independence?
Sessions is too busy packing up his office.
He will “retire” after the mid-terms.
What a bag o' shite this man is.
Who’s this Sessions guy?
“What are the odds Sessions will do anything about anything?”
Sessions has been restructuring the nuts and bolts of the immigration system in a fundamental way - dismantling the many administrative traps constructed by the Left.
The article cites several instances of him reversing some of their proudest accomplishments, which they thought had become “settled law” (the one way ratchet to the left).
Specifically, they had established street crime and domestic abuse as grounds for asylum. Those are things that anyone in the world could claim. Essentially, that was just a judge re-writing the law to radically expand asylum, and throw open the floodgates to what we are seeing now - mass claims of asylum by economic (and criminal) migrants. It became a “magic word” that allowed anyone not specifically barred from entering the country - and granted them exceptional access to welfare benefits.
AG Sessions fixed that, and did it in a fundamental and sophisticated way which they have not figured out a way to challenge.
AG Sessions has been on a hiring binge, increasing the number of Administrative Law Judges (ALJ) dedicated to immigration cases. The largest classes ever have been graduating the DOJ course. The AG has overseen fundamental changes in ALJ procedures, that force hearings, remove exemptions, and eliminate administrative delays and dismissals. The backlog of immigration cases, which has grown steadily for years to overwhelm the system (Cloward-Piven) has now begun to decline.
Sessions’ signature achievement so far, has been turning around the nuts and bolts of the immigration processing system within the DoJ. He has undone years of carefully planned sabotage by the Left
The big thing that we still need, is authority for the Border Patrol to immediately repatriate illegal entrants, without hearings (or through an immediate administrative process). Put them right on a flight to Tegucigalpa or Mexico City, rather than back on the other side of the gate, to try again when night falls.
Should have been done day one! WTH is wrong with that guy? Sessions the recurser seems to run a parallel cabinet within the administration that is always a snails pace behind the curve on anything.
Facts don’t matter to the Sessions bashers
>Who’s this Sessions guy?
Just the latest ‘golden child’ the (R)N(C) held up as their latest/greatest ‘solution’ to the ills of the Uniparty (”Southern gentleman...”, “Silent executioner”, “30K+ indictments”, blah, blah, blah) w/o proof nor precedent.
That is, until the gold paint started to rub off.
They then go looking for the next football Lucy is holding and start talking about “holding nose”, “feet to the fire”, “elect those that can win”, blah, blah, blah.
“probably influenced by some racist views”
Hilarious. So “Mexican” is now a race?
News to the white Spaniards who started and run the place.
Like Saenz himself.
Nice claim. “It ees racist to have de border!” screams the Reconquistador.
This is the so-called "American" trying to play the race card:
Thomas Saenz of MALDEF ("Malformed and Deficient"?!)
What, did his snoring wake him up?
Maybe he’s planning on investigating “The Case Of The Illegal Alien Kenyan Who Slithered Into The US Presidency”.
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