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2006

Immigration Law

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The Rush To Limit Judicial Review, Jill Family Aug 2006

The Rush To Limit Judicial Review, Jill Family

Jill E. Family

Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system where there is no access to independent judgment; where, instead, the referee works for the opposing team. The House of Representatives took a step away from this founding principle by passing the Border Protection, Antiterrorism, and Illegal Immigration Control Act (H.R. 4437) on December 16, 2005. A provision of the bill would erode access to independent judgment by severely restricting access to the federal courts for individuals in removal …

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Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner May 2006

Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner

Michele R. Pistone

Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …

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