EOIR: Certain asylum seekers in the U.S. are detained, most commonly, people who have arrived at the border or an airport, and have requested protection. Many detention centers are in locations where lawyers are in short supply, even if the detainee can afford to hire an attorney, and the sad fact is, many detained asylum seekers are forced to present their case without legal assistance. Such cases are far less likely to be approved.

In addition, in some cases, asylum seekers are not permitted to see the evidence against them. This happens where there are certain national security issues, which is more understandable, but it also occurs when DHS simply does not wish to disclose the source of it’s evidence. For example, I litigated several cases where DHS claimed my clients had fake documents. DHS purportedly knew that the documents were fake because they had examples of real documents. But we were not permitted to see the (supposedly) real documents in order to make our own comparison. Without access to the documents, we cannot know whether this “evidence” is legitimate.

Iran: “[As] demonstrations continue, and arrests increase, it will be difficult for lawyers to keep up… judicial authorities effectively ‘copy and paste’ charges.”

EOIR: The number of people entering the Immigration Court system has exploded over the last several years. In response, EOIR has dramatically increased the number of Immigration Judges and randomly rescheduled and advanced thousands of cases. The very predictable result is that lawyers cannot keep up. And when lawyers cannot get their work done, asylum seekers are denied due process of law.

*   *   *   *   *

The fact that it is so easy to compare Immigration Courts in the U.S. with revolutionary courts in Iran strikes me as terribly sad. But that is where we are. 

In 2014, former Immigration Judge and head of the judges union, Dana Leigh Marks, famously observed that Immigration Courts adjudicate “death penalty cases… in traffic court settings.” Since then, the situation has only gotten worse–much worse. Perhaps EOIR will pay attention to the many complaints from practitioners and immigrants’ rights groups. Perhaps. If not, the agency that is meant to “adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws,” will continue to spiral towards illegitimacy.