Thursday, February 3, 2022

Lofgren Introduces Landmark Legislation to Reform the U.S. Immigration Court System

 


The Real Courts, Rule of Law Act of 2022 creates an independent ‘Article I’ immigration court, free from the political influence of the Executive Branch
WASHINGTON, DC – Today, U.S. Congresswoman Zoe Lofgren (CA-19), Chair of the House Subcommittee on Immigration and Citizenship, introduced H.R. 6577, The Real Courts, Rule of Law Act of 2022, a bill that transitions the nation’s immigration court system into an independent judiciary, consistent with Article I of the U.S. Constitution. The bill will ensure that the immigration courts are administered by qualified, impartial judges; have adequate court resources and support services; are defined by transparency and integrity; and are financially independent. The Real Courts, Rule of Law Act of 2022 is co-sponsored by House Judiciary Committee Chair Jerrold Nadler (NY-10) and Chair of the House Subcommittee on Courts, Intellectual Property, and the Internet, Hank Johnson (GA-04).

An office within the Department of Justice, our nation’s immigration court system – known as the Executive Office for Immigration Review – lacks procedural and structural safeguards to protect it against political influence. Immigration judges are not judicial officers – they are lawyers, appointed by the nation’s top prosecutor, the Attorney General. As employees of the Department of Justice, immigration judges are charged with adjudicating cases in accordance with the policies and priorities of the governing administration. Each Administration – Democratic and Republican – has used the immigration courts as a mechanism to shape immigration policy.

A hallmark of our system of democracy and the rule of law is an independent judiciary. Our immigration court system will never be effective as long as it is housed under the Department of Justice. After decades of political whiplash, resulting from the ever-changing policies and priorities of the governing Administrations, it is clear that the system is ineffective, inflexible, and far too often, unfair,” said Chair Zoe Lofgren. “Congress must act by passing The Real Courts, Rule of Law Act to create an immigration court system independent of the Executive Branch. This structural overhaul will strengthen due process and restore faith in the system by taking politics out of the immigration courts for good.”

“Since its founding, our immigration court system has been mired by political interference from both Democratic and Republican administrations,” said Chair Jerrold Nadler. “Our country needs an immigration court system that can deliver just decisions in accordance with the law, not one that is subject to ever-changing political whims. I’m proud to join Subcommittee Chair Lofgren in introducing the Real Courts, Rule of Law Act, which would establish an independent Article I immigration court system consistent with other judicial institutions across our nation. By moving the court out from under the Department of Justice, this legislation will ensure that our immigration court system can effectively prioritize due process and the rule of law.”

“The creation of an independent immigration court would ensure that our immigration judges are no longer subject to the political whims of any particular administration,” said Chair Hank Johnson. “Our current immigration backlog is approaching 1.6 million cases and lacks procedural and structural safeguards to protect the human beings that make up these cases. By establishing an independent immigration court, this bill will ensure impartiality and transparency when it comes to these life and death decisions and allow these judges to administer justice efficiently and effectively. I’m proud to join Rep. Lofgren in introducing The Real Courts, Rule of Law Act of 2022.”

Click here for a one-pager on immigration court reform and The Real Courts, Rule of Law Act.

Click here for a section-by-section summary of The Real Courts, Rule of Law Act.

Click here for full text of The Real Courts, Rule of Law Act.

Bill Details

The Real Courts, Rule of Law Act of 2022 will:

  • Establish an independent immigration court – similar to the U.S. Tax Court – consistent with Article I of the United States Constitution. The newly-formed United States Immigration Court will be comprised of a trial division, an appellate division, and an administrative division.
  • Ensure that qualified, impartial individuals are appointed to serve as immigration judges at both the trial and appellate levels.
  • Ensure that the United States Immigration Court has adequate resources and support to operate efficiently while giving the Court authority to appoint temporary immigration judges and establish temporary court facilities to ensure the expeditious administration of justice.
  • Improve transparency and accountability in Immigration Court proceedings by requiring publication of all court rules and procedures, as well as precedent decisions and pleadings while protecting confidential information.
  • Improve efficiencies by allowing the Immigration Court to establish its own budget without review by the Executive Branch and empowering immigration judges to control their own dockets and compel agency action that is unlawfully withheld or unreasonably delayed.
  • Strengthen the integrity of immigration court proceedings by giving immigration judges authority to impose civil money penalties for contempt of court.
  • Ensure due process by preserving the privilege of counsel, ensuring quality interpreter services, and mandating legal orientation programs for individuals appearing before the Court.

Support

The Real Courts, Rule of Law Act of 2022 is supported by the American Bar Association, American Immigration Lawyers Association, Federal Bar Association, National Association of Immigration Judges, American Immigration Council, Bipartisan Policy Center Action, Human Rights First, Kids in Need of Defense, National Immigrant Justice Center,  National Immigration Law Center, Niskanen Center, and Women’s Refugee Commission.

“The American Bar Association has high regard for the mission and goals of the Justice Department, but we strongly support the creation of an independent Article I immigration court system. It is essential that every judge is free to decide cases based solely on the facts and the law, without external pressure or influence,” said Reginald Turner, President of the American Bar Association (ABA).

“This legislation and the effort to rebuild our immigration court system is welcome indeed. For decades, the deck has been stacked against immigrants. Getting a fair day in court is nearly impossible when the immigration courts are under the authority of the nation’s chief prosecutor: the Attorney General. Regardless of their administration or political party, Attorneys General can abuse the extraordinary power they have over the immigration courts and sacrifice due process for expediency.  When that has happened in the past, the most vulnerable people – including asylum seekers, victims of violence, and people deprived of their liberty – have paid a high price. There remains vital work to be done by Congress to reform the immigration law itself—specifically, restoring discretion to immigration judges. But foundational to any fair system is a neutral judge. This bill provides that foundation,” said Jeremy McKinney, President-elect of the American Immigration Lawyers Association (AILA).

“After spending several decades helping develop and advocate for this landmark legislation, the Federal Bar Association commends Chair Lofgren and her colleagues for introducing a bill today that would facilitate a long-lasting solution to separate the politics of immigration enforcement from the needs of immigration adjudication.  Having collaborated with a number of other prominent legal associations to get to this historic point, FBA remains committed to ensuring that we improve access to justice and due process for individuals appearing before immigration judges. The Constitution gives Congress the ability to create new federal courts and with a current backlog of 1.6 million cases, it is clear to our members that the time has finally come to fix a broken and ineffective system,” said Anh Le Kremer, President of the Federal Bar Association.

“The NAIJ applauds the House Judiciary leadership for introducing an Article I Immigration Court bill. Chair Lofgren, Chairman Nadler and Chairman Johnson, in introducing this legislation, are rectifying the historical mistake of having an immigration court housed in a law enforcement agency. Given the many problems facing the Immigration Court, Congress's leadership in removing the court from the Department of Justice is welcome relief, and is a crucial step in restoring due process and court efficiency to our broken system,” said Judge Mimi Tsankov, President of the National Association of Immigration Judges (NAIJ).

Related Hearings

On January 20, 2022, the Subcommittee on Immigration and Citizenship held a hearing titled “For the Rule of Law, An Independent Immigration Court.” Click here for the full video, witness testimonies, and supporting documents from that hearing.

On January 29, 2020, the Subcommittee on Immigration and Citizenship held a hearing titled “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts.” Click here for the full video, witness testimonies, and supporting documents from that hearing.

 

Tuesday, February 1, 2022

Pelosi, Beatty, Adams Release Joint Statement on Continued Bomb Threats Against Historically Black Colleges and Universities

Wikimedia Image of Speaker Nancy Pelosi, D-Calif.
 


Washington, D.C. – Speaker Nancy Pelosi, Congressional Black Caucus Chairwoman Joyce Beatty and HBCU Caucus Founder and Co-Chair Alma Adams issued the following joint statement:


“The continued bomb threats against HBCUs are hate crimes that must be prosecuted to the fullest extent of the law. This third round of bomb threats on Historically Black College and University campuses demands a swift response from federal and state law enforcement agencies. It is especially jarring that these threats come during Black History Month, when we not only celebrate the immense contributions of Black Americans, but also remember the violence so many had to endure to secure civil rights and voting rights.


“Indeed, sixty-two years ago today, courageous students at North Carolina A&T State University demonstrated the resolve of HBCU students, faculty, and staff by putting their lives in mortal danger to protest segregation. We know from history that in spite of external threats, HBCUs are resilient institutions that will persist through all forms of adversity.


“We are closely monitoring the situation and doing everything we can to bring an end to these threats. Terrorism and racism have no place on college campuses or anywhere in our nation.”

Wednesday, May 20, 2020

May 16, 2020 Issue Is On The Virtual Streets!


Add caption

The Grim Reaper has been visiting Florida's beaches, warning sun lovers that he will be coming to get them, if they insist on turning their backs on social distancing to keep them and others safe. Now, the angel of death has popped in to our humble little bully pulpit to send Donald Trump a message - Dead People Don't Shop!

You can get your FREE pdf copy of Bull Moose Magazine just by joining our FB Bull Moose Magazine Group, or by emailing us at BullMooseMagazine1@gmail.com!

Sunday, May 3, 2020

Statement by Vice President Joe Biden on World Press Freedom Day


Today is World Press Freedom Day — a day to recognize the vital importance of journalism to upholding free and open democracies, both here at home and around the world. It’s also a day to honor the journalists who dedicate their lives to advancing media freedom, at times braving immense pressure, sacrificing their livelihood or liberty, or even facing mortal danger to bring the truth to light.

The Committee to Protect Journalists reports that in 2019, at least 25 journalists around the world were killed while doing their jobs, at least 10 of whom were murdered for their work. Reporters Without Borders tells us that at least 360 people worldwide are currently imprisoned for their work in journalism.

We all stand in solidarity with these journalists for, as Thomas Jefferson wrote in 1786, “Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”

A free press is essential to a free society. Tyrants know this all too well. That is why attacking the press and attempting to intimidate independent media is a standard part of the authoritarian playbook. And, it’s why Donald Trump’s repeated efforts to demonize the media put us on such a  dangerous path. When he labels the press as the “ENEMY OF THE PEOPLE” or decries “FAKE NEWS,” he is eroding our essential, Constitutionally guaranteed freedom of the press in ways large and small.

Trump deflects legitimate questions with attacks. He bullies and berates individual members of the press, rather than take responsibility for his failures of leadership. His efforts to undermine public confidence in the integrity of fact-based reporting violate our core American values and threaten our very system of government. And, it is particularly offensive to see the White House seek to spread misinformation and bully reporters in the midst of a global pandemic.

Journalists hold those in positions of authority accountable, investigate and document abuses of power, and expose the truth for everyone to see. While many presidents have been unhappy with their media coverage, only Donald Trump has attacked the independence of journalists and launched an all-out assault on the media.

As President, I will restore a relationship with the independent press that is grounded in mutual respect, even — and especially when — they critique policies or positions of my administration. In a Biden White House, there will be no bullying of the media from the press room podium or by tweet. We will have regular, fact-based briefings across my Administration’s major departments and agencies. We must return to civility and transparency in America’s civic discourse.

On this World Press Freedom Day, in the face of rising authoritarianism overseas and previously unthinkable peril to our own democracy, support for media freedom matters more than ever. We must urgently reverse the trend of threats to the media at home and abroad, and once we have reversed it, we must assure that attacks on our free press are never again acceptable in any corner of society, and certainly not in the White House.  

Friday, May 1, 2020

May 1 Bull Moose Magazine Is On The Streets!


It's May 1, and that means that it's time to publish the newest issue of Bull Moose Magazine, a Progressive Voice!

You can get your FREE pdf copy two ways. First, you can join our Facebook group at https://www.facebook.com/groups/323703984993303, and download a copy of the magazine directly yourself. On the other hand, you can join our subscribers' list, and we will send you the pdf in your email inbox. Join the list by dropping us a line at BullMooseMagazine1@gmail.com!

Monday, April 20, 2020

Joe Biden Responds to Donald Trump’s Coronavirus Briefing April 20, 2020


After Donald Trump’s appearance at today’s White House coronavirus task force briefing, Joe Biden released the following statement:

To beat this virus and re-open our country, America needs more testing now — not weeks down the road — but all we’ve gotten from President Trump and the White House have been excuses and buck-passing. 

The administration’s response on testing has been so slow, and so ineffective, that the Governor of Maryland — a Republican — had to turn to South Korea to get badly-needed tests. Think about that: a Governor had to turn to a country halfway around the world for aid because he couldn’t rely on timely help from a President and a White House that sits just miles from his state’s border. 

Both Democratic and Republican governors are pleading for assistance on testing but instead of taking responsibility and partnering with the states to get it done, Trump shamefully accused them today of being “partisan” and “playing politics” by asking for critical help from the federal government. 

And, instead of quickly and fully deploying the Defense Production Act to secure materials like swabs to ramp up our testing capacity — as I called for over a month ago — Trump is only now beginning to address the shortage of swabs after an unacceptable test slowdown that has left us far below where we need to be to re-open our country, and with countless Americans left with horrible uncertainty as they and their loved ones fight this disease.

It's clear the president has no interest in solving this problem and saving lives. That's why I've called for Congress to step in and establish a Pandemic Testing Board to ensure our governors have the tests and supplies they need to beat the virus and reopen the economy. A Board like this helped us win World War II -- it can help us win this fight too.

As I’ve said before, President Trump is not responsible for the coronavirus, but his failure to take swift action, listen to the experts, and bring people together — not launch political attacks — has cost us grievously. With the U.S. now leading the globe in confirmed cases and deaths, and with more than 22 million Americans having filed for unemployment claims, the time for more excuses from President Trump is over. It’s long past time to listen to our experts, fully implement the DPA, and finally get it done.

Friday, April 17, 2020

“Weekly Warnock” - Campaign Updates


Highlights from the Warnock for Georgia Team for April 11- 17
Atlanta, GA - This week, Reverend Raphael Warnock wrote an Op-Ed for The American Independent on Tuesday highlighting the health disparities facing Black and lower-income Americans during the COVID-19 crisis, especially across rural communities. Warnock also joined MSNBC’s Joy Ann Reid on Saturday to talk about the importance of social distancing during Easter and SiriusXM’s Jess McIntosh and Zerlina Maxwell to discuss his candidacy for U.S. Senate on Thursday. He also ended the week as the top candidate for Senate, outraising incumbent Senator Kelly Loeffler and Congressman Doug Collins.
Warnock Op-Ed: The American Independent: The coronavirus crisis reveals just how deep inequality in US runs 
Key sections, below. Read the full Op-Ed here.
  • This past week I did something I never thought I'd do: conducted a funeral for a member of my congregation on Zoom.
  • Like many people across the country, the devastation of the COVID-19 pandemic has reached our doorsteps at Ebenezer Baptist Church here in Georgia. No one is immune to this tragedy, but we are all reminded just how deep inequality runs in our country as we see this virus's outsized impact on historically disadvantaged communities and how ill-prepared we are to address it.
  • Inequality in economics and health care multiplies in the midst of a crisis. These are tragic consequences that people in Black and brown and rural and poor communities experience every day, compounded and exacerbated by problems like COVID-19.
  • Our country is in debt right now to so many working people and health care professionals making incredible sacrifices with few assurances from our government or their employers that their families will be taken care of after this.
  • We need leaders who will be busy doing everything they can to fight not just this global pandemic, but the disparities in our health care system that exacerbated it.
  • I have spent my life fighting in that space. That's why I have been working on the issue of Medicaid expansion from the pulpit and the streets for so many years and will continue to do so.
Read the full Op-Ed here.

Lofgren Introduces Landmark Legislation to Reform the U.S. Immigration Court System

  The Real Courts, Rule of Law Act of 2022 creates an independent ‘Article I’ immigration court, free from the political influence of the Ex...