Sessions’ ban on administrative closure means that husbands and wives of U.S. citizens awaiting permanent residency could be ripped away from their spouses before they can complete the process. It could mean people not mentally competent to participate in their deportation proceedings could be forced to move forward anyway. And unaccompanied children seeking special protective status could be sent back to dangerous situations before their backlogged visas are available.
The attorney general’s decision to wipe out administrative closure will also contribute to the already massive backlog of more than 700,000 immigration cases, further squeezing the courts and undercutting immigrants’ opportunities to fairly present their claims. Immigration courts are already overburdened and lack important procedural protections. But they have to make critical, sometimes life-or-death decisions about whether immigrants — many of them asylum seekers fleeing persecution or Dreamers with deep roots in their communities — will be admitted or exiled. As Immigration Judge Dana Leigh Marks has put it, immigration courts are already “doing death-penalty cases in a traffic-court setting.” But with this administration’s policy changes, even that traffic court is turning into a kangaroo court. Mistakes and due process violations will inevitably result.
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This is just one of many changes Sessions is imposing to make immigration procedures less fair. He is planning to weigh in on an immigration case that could make it much harder to get a “continuance” — another important tool in immigration judges’ toolkit that allows immigrants more time to get a lawyer, prepare their case, or await the outcome of an immigration application. And earlier this year, Sessions’ Department of Justice announced that it would be putting in place ambitious case completion goals on immigration courts and imposing quotas on individual immigration judges.
How Sessions Is Making an Overstretched Deportation System Even Less Fair
