May 18, 2006
Courting Chaos: Senate Proposal Undermines Immigration Law

The Heritage Foundation
by Kris W. Kobach

Once again, the Senate Judiciary Committee has rolled out a massive amnesty for more than 11 million illegal aliens. Rewarding aliens who have violated federal law is bad enough. However, the Comprehensive Immigration Reform Act (CIRA, S.2611) does much more than that. Buried deep inside the bill—beginning at page 540—are provisions that would radically alter our immigration courts, making them far less likely to enforce and implement the law faithfully. Not surprisingly, these items have not caught the attention of many senators.

Purging the Immigration Courts
Presently, the U.S. has a talented and experienced group of immigration judges. With few exceptions, they are dedicated to enforcing the law and perform a difficult job well. Most serve for life.

The Committee’s bill would change all of that. After seven years, all immigration judges—including the current ones—would step down. And it seems (the provision is very poorly drafted) that their replacements would have to be attorneys with at least three years’ experience practicing immigration law. Who meets that requirement? The same immigration attorneys who currently represent aliens in the immigration courts. These attorneys are considered by many to be the most liberal lawyers in America. And they are not fond of enforcing immigration laws.

full story

Posted by Richard at May 18, 2006
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