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US ‘Losing’ More Deportation Cases Since 2009

From an unquestioning Associated Press:

Report: Gov’t success in immigration court drops

By ALICIA A. CALDWELL | February 13, 2014

WASHINGTON (AP) — Nearly half of immigrants facing deportation are now winning their cases before an immigration judge, their highest success rate in more than 20 years, according to a new analysis of court data published Thursday.

The U.S. government has been losing more deportation cases each year since 2009, according to the Transaction Records Clearinghouse at Syracuse University, which collects and studies federal prosecution records…

Since 2009, you say? Gee, what happened in 2009?

Since the start of the 2014 budget year in October, immigration judges ruled in favor of immigrants in about half of the 42,816 cases heard, TRAC reported. In 2013 the government won about 52 percent of cases…

In recent years the Obama administration has issued policy orders directing immigration authorities to exercise discretion when deciding which immigrants living in the country illegally should be deported. Then-Homeland Security Secretary Janet Napolitano said discretion should be used for immigrants who didn’t pose a threat to national security or public safety…

Which means that under Obama the government is only trying to deport convicted felons and other serious miscreants. And even then half of these illegal aliens are being allowed to stay in the country. (Probably because the government prosecutors aren’t trying very hard.)

In 2011, the government reviewed hundreds of thousands of cases pending in immigration courts. The effort was designed to curtail the backlog of more than 300,000 pending cases. Tens of thousands of cases were eventually dismissed but there are now more than 360,000 cases pending, according to TRAC…

Translation: the Obama administration used the excuse of backlogs to let ‘tens of thousands’ of illegal aliens (probably felons) stay in the country without batting an eyelash. And we didn’t even hear one peep about it in our news media.

Kathleen Campbell Walker, an El Paso, Texas, immigration lawyer, said.. some immigrants may be more successful in arguing that they should be allowed to stay in the country based on those discretion memos…

Gracias, Senor Obama!

This article was posted by Steve Gilbert on Friday, February 14th, 2014. Comments are currently closed.

One Response to “US ‘Losing’ More Deportation Cases Since 2009”

  1. Petronius

    There are several things going on here.

    First, the government attorneys must get the local boss, called chief counsel, to sign off on any DHS appeal of an Immigration Judge’s adverse decision. And the local chief must in turn go to DHS HQ to get approval to file an appeal.

    On the other hand, the government attorney needs no permission from higher-ups to waive reserving appeal. So the process is structured to discourage appeals by the government attorneys, except in the most egregious cases.

    By the same token, the IJ knows that anything he grants is unlikely to be appealed or to draw the attention of the political enforcers in DOJ. And on the flip side the aliens always appeal an adverse decision.

    Second, most of the IJs are Democrat appointees and many are themselves first or second generation immigrants. So they tend to grant everything. And those old school IJs who deny the aliens’ cases will get their names and statistics published by the immigration bar, and as a result become the focus of political attention.

    More importantly, the political enforcers in DOJ periodically remind the old school IJs (in the strongest terms imaginable) that they serve at the discretion of the Attorney General Tigellinus-Holder.

    Those old school IJs who get the message will tend to find ways to improve their grant numbers. Those who don’t get the message find themselves unemployed.


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