April 04, 2009
By Jon Feere
These seemingly never-ending and lengthy appeals contribute in no small way to the belief that our immigration system is broken. It also likely makes it difficult for both citizens and aliens to take our immigration laws seriously. A nation's immigration system operates to benefit the citizen first and foremost, and the alien secondarily. But because our system of justice in the immigration courts can hardly be considered swift, and because aliens can seemingly ignore court orders without any repercussion, one must ask who has the upper hand-the citizen or the alien?
Immigration hearings should not take as long as they often do. The immigrant should be granted a thorough but quick decision, particularly if the individual is being detained. No one can argue that long-term detention dependent on court efficiency is sound policy. Two things must occur if we are to make our immigration court operate more effectively. First, we should consider increasing the number of immigration courts, at least long enough to reduce the backlog of cases. Second, we should reduce the need for immigration courts. This can be achieved by reducing legal immigration and eliminating illegal immigration. It can also be achieved by narrowing the availability of appeal in some instances. We also must make sure that an alien ordered deported actually leaves the country. By not obeying court orders the first time, Onyango is soaking up limited judicial resources and likely delaying others' cases. Additionally, the White House can expand expedited removal nationwide as authorized by Congress.
President Obama is certainly juggling a political hot potato with this but case. If he does not get involved and Onyango is deported, it will improve the president's standing as our nation's top law enforcement official. So far, Obama seems to be to be taking this approach. But if the president does anything to prevent his aunt's deportation, it may make the White House's amnesty agenda much more difficult as Americans begin to call into question the president's commitment to immigration law enforcement generally.
Center for Immigration Studies Blog
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