Federal Immigration judges getting their marching orders from Trump & Co.
They ARE political appointee’s….
THAT IS causing LEGAL issues….
President Trump & Co. at time have no use for Congressional or Constitution Law Rules…
The situation has both sides manoeuvring around each other with migrants freedoms….
Although federal judges have concluded more than 13,000 times in recent months that ICE has illegally detained people without the chance for release, those rulings often only tell half the story.
That’s because even when ICE detainees succeed in federal court, their subsequent bond hearings, where their freedom or continued detention is on the line, are run by Trump administration-controlled immigration judges. And those so-called IJs are under increasing pressure from the administration to deny bond in the vast majority of cases.
The result has been a flood of new federal court litigation from ICE detainees who say their bond hearings were fundamentally broken, a failure of due process that compounds their illegal detention in the first place.
Increasingly, federal judges are also dissecting immigration court hearings for constitutional infirmities, finding that IJs applied unconstitutional standards, ignored evidence that undercut their conclusions, failed to consider alternatives to detention or made illogical leaps to justify detention without explanation.
Though they may not have the power to review an immigration court’s factual conclusions, federal judges say, they can decide whether a hearing was “fundamentally unfair,” particularly if they were the ones who ordered the bond hearing to occur in the first place. Those reviews can result in an order for a new bond hearing or outright release.
Immigration court bond hearings, like detention hearings in criminal cases, require judges to consider whether a detainee is a “danger to the community” or is likely to flee rather than attend future proceedings. But unlike in criminal cases — in which the government must persuade courts to detain defendants pretrial — the legal standards for detaining ICE’s targets vary widely across the country. Some federal judges are taking the matter into their own hands, ordering immigration courts to apply the burden of proof to ICE rather than detainees.
As part of that process, federal judges are demanding audio recordings of bond hearings, delving into the nuances of immigration court precedents and focusing squarely on whether IJs heeded their orders to place the burden of proof on the government.
It’s a dicey dance, and one that has split courts more evenly than the lopsided rebuke of the Trump administration’s mass detention policies. But it’s one that has occurred with more frequency as the Trump administration has squeezed the ability of IJs to order release from detention….
Note….
Yes in the Trump Era?
Federal Judges ARE leading the efforts against the Trump American Government being ‘Un -American’…
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