Too much talk about concentration camps. For decades now, border enforcement has been a part of our immigration system. My deportation defense cases began in the Reagan years – I won 90% of my cases – but not all. It is a fact of life, under our immigration laws, that many people will lose their cases and must return to their home countries – or other countries if they are accepted by them.
The only exception for the current influx by OTMs (Other Than Mexicans) at our border is for Congress to act. A lost asylum case or a final Order of Removal is the end of the line – USICE has no other option than to enforce the Order. Depending upon available USICE officers, priorities can be set for criminals or families.
Congress can change the asylum law, allow for INA 212 waivers of deportation, or allocate funds for the countries involved to improve their country conditions, or hire more Immigration Judges. In the meantime, what to do with overcrowded detention facilities? More Eloys, El Centros or Otay Mesas? Or more tents? Recently, 90% are not showing up for their hearings. Traditionally, 90% did show up. 1,000 volunteer AILA attorneys could help, but not let’s completely blame USICE for this untenable situation.