US accelerates migrants deportations - Judges given new powers

According to the directive from the US Department of Justice, which came into effect on April 11, judges are authorized to close "legally deficient" cases without hearings. This means that some individuals claiming persecution in their home countries may not have the opportunity to present their arguments in court.

Acting Director of the Executive Office for Immigration Review, Sirsi Owen, noted in a memo that nearly four million cases are pending in the Executive Office for Immigration Review (EOIR).

In light of this, the document states that judges must take “all appropriate action to immediately resolve cases on their dockets that do not have viable legal paths for relief or protection from removal.”

Under the new policy, deportation decisions can be made without a full hearing, where applicants traditionally have the opportunity to present the details of their case. Immigration judges remain employees of the Department of Justice, not part of the independent judiciary, and are required to follow the department's internal policies.

The memo also specifies that a hearing is only necessary if there are factual disputes in a case. If all the circumstances are undisputed, but the claim is legally unviable, no hearing is required under current laws.

Expert criticism

US experts remind that the current law requires judges to ensure each applicant's right to submit, amend, and substantiate their asylum claim.

Professor of immigration law at New York Law School, Lenny Benson, noted that attempts to deny claims without proper review contradict the principles of an independent judiciary.

“Immigration judges must use independent judgment, and under the statutes and existing regulations, they must allow a person to submit, supplement and testify to the facts supporting their request for asylum,” said Lenni Benson.

Former official under both parties, immigration attorney Mary Giovanioli, believes the new policy undermines the foundations of due process.

"Effectively, judges are told: if there is doubt, no hearing is needed. This turns the very concept of fair proceedings upside down," she said.

Risk of unfairness

The publication reminded that there are about 700 immigration judges in the US, each reviewing between 500 and 700 cases annually. This is insufficient given the more than 3.9 million cases pending, including two million asylum applications.

Despite the Trump administration's efforts to increase the number of judges, at least 20 have been laid off as part of large-scale cuts to federal agency staffing.

The new rules will also complicate the situation for applicants who do not have legal representation. According to The New York Times, about half of the applicants lack lawyers. Human rights defenders argue that this significantly lowers the chances of a fair review, as many cannot properly prepare a full application justifying asylum.

“Navigating a foreign legal system in a foreign language without legal counsel makes it more than likely that applicants may inadvertently submit incomplete asylum petitions,” said Careen Shannon, an immigration lawyer.“The outcome for an asylum seeker can literally make the difference between life or death,” she said.

Mass deportations of migrants from US

Since taking office, President Donald Trump and his administration have begun implementing an anti-immigration policy. Foreign nationals, particularly those from Latin America and Africa, are being deported from the country in large numbers.

Recently, the US Supreme Court confirmed that migrants can present their arguments in court before being deported.

However, if deportation is upheld by the court, foreigners must leave the country, or they will face a daily fine of $1,000.

The Trump administration plans to deport even migrants who are in the country due to threats of violence in their home countries.

Additionally, the Trump team is introducing a "self-deportation" program for migrants.