During a recent interview on “Fox-and-Friends,” President Donald Trump described the US immigration legal process as corrupt, suggested drastic changes to immigration policy, and questioned the need to put illegal immigrants through a formal legal process.
However, as explained by CNN, Donald Trump’s suggestion to eliminate courts and judges for immigration issues would likely violate both federal and constitutional law, and directly contradict the policies currently being established by his administration.
Trump and Sessions at Odds
“Whoever heard of a system where you put people through trials? Where do these judges come from?” This stance taken by Donald Trump during his interview with “Fox-and-Friends” is surprising considering the actions being taken by Attorney General Jeff Sessions to overhaul the immigration legal process.
Immigration courts decide whether or not an immigrant has the right to remain in the US. This can include those who have lived in the US for years and have lost their legal status as well as those currently trying to enter the United States.
Because of the massive backlog of cases in these immigration courts, cases can take years to process. As a result, immigrants awaiting a decision end up building lives in the US before finding out they are no longer able to stay in the country.
Due to the massive backlog of immigration cases, Jeff Sessions has made overhauling the immigration legal process a priority. This includes the hiring of more immigration judges to handle cases – an idea which Donald Trump seems to oppose. Additionally, a report commissioned by the Justice Department details the ways in which some of Jeff Sessions actions relating to the restructuring of the immigration legal process ignored the recommendations of the Justice Department.
In any case, the Justice Department, which oversees the operations of immigration courts, maintains that it would never do anything that would violate due process rights, such as eliminating immigration courts. However, the hiring of new judges, and quotas set forth a couple months ago, have created a dangerous propositon for immigrants in the United States. There are so many new laws and ideas being thrown around by the Trump Administration in regards to immigration, that it is difficult to know what is really going to happen. Even if everything you heard was reliable and guaranteed to be implemented, there are still more laws coming out all the time.
If you are an immigrant in the United States and have any question whatsoever about your status, or petitioning to bring a family member here, there is no room for speculation. It is best to have an experienced immigration attorney on your side. My firm offers free consultations to all immigrants and has a very experienced team of immigration attorneys.