Despite what objective journalists like NBC News’ Kasie Hunt might try to convince you, Congress did indeed play its part in the current situation at the border — by passing immigration laws that fall to others to enforce.
Sen. Ted Cruz has put forward his legislation, and National Review’s David French thinks it’s pretty focused.
This, from @tedcruz, seems focused and precise. He's not seeking to leverage the plight of kids for some sort of grand legislative bargain. Here are the key points from his legislation. Objections? I'd like to hear them in the replies below: pic.twitter.com/lCkUNpnvup
— David French (@DavidAFrench) June 18, 2018
Double the number of federal immigration judges, authorize new shelters, mandate that families must be kept together, and provide for expedited review of asylum cases.
The objection I'm seeing most is to the 14 day asylum determination. That seems extremely ambitious, but the devil would be in the details. I can easily imagine a 14 day deadline with extensions permitted for good cause.
— David French (@DavidAFrench) June 18, 2018
We’re no lawyers, but a 14-day deadline for processing and reviewing asylum cases? That seems possible … if you just decide to grant everyone asylum and send them on their way.
Not only is 14 day asylum det. ambitious, it is impossible to obtain evidence/statements/declarations, etc in time, particularly w/all detained applicants. Also DHS attys already overburdened (from what I hear) w/cases-this added caseload would be impossible w/o new prosecutors
— David B Spitzer (@Spitzerimmlaw) June 18, 2018
Good cause is the current standard for continuances in immigration proceedings.
Every immigration practitioner in America just simultaneously scoffed at the idea they could reasonably be expected to scrape together an asylum claim in 14 days or less. https://t.co/pKIU95nKD0
— Friendly Gabriel Malor (@gabrielmalor) June 18, 2018
Keep in mind that persecution is one of those things that's not very well documented—at least not for the people fleeing it.
It's not like we can just call up a Chinese family planning office and ask "hey, did you sterilize Ms. So-and-So against her will last year?"
— Friendly Gabriel Malor (@gabrielmalor) June 18, 2018
Proving these claims takes a combination of testimony and whatever documentation the applicant can find. Guess how much they usually manage to find while detained.
14 days. Pfaw. Never gonna happen.
— Friendly Gabriel Malor (@gabrielmalor) June 18, 2018
14 days. Overextended lawyers having to develop evidence present case in 14 days. I don't even think we have the judge capacity–we definitely don't have the lawyer capacity unless you want to add funding for that too.
— Eric Rothschild (@rothschild_eric) June 18, 2018
I have done asylum cases. You generally need an expert. Good luck having that ability. Also, the immigration courts have sped up the timelines. It is not to the seeker's benefit. And with no longer DV or gang as reasons, the ability to obtain asylum are getting slimmer.
— Dan Cotter (@DCotter1) June 18, 2018
you also need to find witnesses and tell what happened, etc. Again, if 14 days, imagine hard pressed to get lawyers (many pro bono) to the detention facilities, interview the seeker, draft the documents, find witnesses, etc. So while on face looks good, not sure works.
— Dan Cotter (@DCotter1) June 18, 2018
14 days seems impossible based on the current timeline, even if we do hire more judges? pic.twitter.com/kCs81l2mfj
— AdotSad (@AdotSad) June 18, 2018
It is impossible. In Chicago, they started expediting hearings. The fact gathering, expert finding, etc takes a while, and then you have to draft briefs, prepare a case, etc. I don't know that doubling judges cures anything, frankly. Unless the goal is to just get cases done.
— Dan Cotter (@DCotter1) June 18, 2018
is asylum processing within 14 days at all feasible? I like it as a goal but it strikes me as impossible
— (((Charlie Shaz))) (@cSchaez) June 18, 2018
It intentionally dooms asylum claims to failure. No way to prepare a good petition in 14 days. It takes weeks to get proper documentation (witness statements, etc.) of credible fear. And you usually need expert testimony.
— Nora Cregan (@NoraCregan) June 18, 2018
No one could adequately prepare an asylum case in 14 days. Absolutely no one.
— Marissa Latta (@MarissaLatta) June 18, 2018
The expedited process sounds lovely but is not realistic. Fine, double the judges and work as fast as they can but a 14 day deadline is totally unfair and unrealistic. Would you like 14 days total to bring forth evidence and argue for your life? Is that due process?
— Edward Grass (@egrassva) June 18, 2018
https://twitter.com/Bagginator/status/1008843176562442241
It’s not that easy, is it?
My family waited 6 months before being granted asylum and only because we had other family members who sponsored us! I nearly died coming here, yet my family still waited and followed the law. Why do these families get special treatment?
— ScarlettE (@ScarlettEverbe) June 18, 2018
Related:
Sec. Kirstjen Nielsen SCOLDS the media for reporting FAKE NEWS on asylum seekers and family separation https://t.co/qCrcAICI3k
— Twitchy Team (@TwitchyTeam) June 17, 2018
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