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Trump Administration Directs Judges to Deny Asylum Without Hearings
A directive from the Justice Department, which says the move is intended to reduce a backlog in immigration court, would result in rapid deportation orders in many cases.
A new Trump administration policy urges immigration judges to swiftly deny asylum to migrants whose applications they deem unlikely to succeed. The expedited dismissals would circumvent the normal hearing process, which typically takes years to wind through the backlogged courts.
The guidance from the Justice Department, which took effect April 11, states that judges should consider dropping “legally deficient” asylum cases without holding a hearing. Doing that would keep some people who claim to be fleeing persecution in their home countries from having any opportunity to present their case to a judge.
“Adjudicators have the duty to efficiently manage their dockets,” Sirce Owen, acting director of the Executive Office for Immigration Review, which oversees the immigration courts, wrote in the policy memo. “It is clear from the almost four million pending cases on E.O.I.R.’s docket that has not been happening.”
The memo, sent to staff members, says that immigration judges should take “all appropriate action to immediately resolve cases on their dockets that do not have viable legal paths for relief or protection from removal.”
The new policy would inevitably result in judges issuing deportation orders before fully holding what are known as merits hearings, in which asylum applicants can present their claims in detail.
Immigration judges have the authority to decide whether an immigrant can remain in the United States or should be removed. The judges are employees of the Justice Department, not the federal courts, so they are expected to follow policies set by the agency.
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Miriam Jordan reports from a grass roots perspective on immigrants and their impact on the demographics, society and economy of the United States.
Our Coverage of U.S. Immigration
Kilmar Armando Abrego Garcia: Senator Chris Van Hollen, a Maryland Democrat, traveled to El Salvador to press for the release of Abrego Garcia, a state resident mistakenly deported by the Trump administration, which defied a Supreme Court order to retrieve him.
Told to Leave: The Biden administration allowed 900,000 people to use an app to schedule appointments to cross the border. Recent emails have told them to leave or face deportation.
Surveillance Tech: A private prison firm that makes digital tools to track immigrants is becoming one of the Trump administration’s big business winners as its tech is increasingly used in deportations.
Inside the Deportation Effort: The Trump administration sent 238 migrants to a prison in El Salvador under a wartime act, calling them members of a Venezuelan gang. But a New York Times investigation found little evidence of criminal backgrounds or links to the gang.
A Beloved Caregiver Lost: As the immigration crackdown expands to permanent U.S. residents, a caretaker for a severely autistic man in Virginia is facing deportation because of a minor crime committed eight years ago.
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