Immigration courts: record number of cases, many problems

Court News 2017/03/07 10:47   Bookmark and Share
Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.

When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.

The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.

Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.

The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges.
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Raw power in North Carolina: governor, legislature in court

Legal Insight 2017/03/07 10:47   Bookmark and Share
Lawyers for North Carolina Gov. Roy Cooper and the state's legislative leaders face off in court Tuesday over whether a series of new laws diminishing the governor's powers are constitutional.

A state panel of three trial judges will determine the outcome, though its decision can be appealed in a process that could last months.

The challenged laws require Cooper's picks to run 10 state agencies be approved by the GOP-led Senate, strip the governor's control over running elections, slash his hiring options and give civil service protections to hundreds of political appointees of former Republican Gov. Pat McCrory.

GOP lawmakers adopted the provisions reducing Cooper's powers during a surprise special legislative session two weeks before the Democrat took office Jan. 1.

The key argument raised by attorneys for state House Speaker Tim Moore and Senate leader Phil Berger is that North Carolina's legislature is — and should be — dominant in a state government where the three branches of government were designed to be separate, but not equal.

Cooper's attorneys contend that even if North Carolina's governor was established in the state constitution to be weak compared with most state executives across the country, the new laws encroach on the governor's powers and upset the balance of powers that have developed.

The determination of Republican lawmakers to shift Cooper's authority to legislative leaders continued last week in party-line votes. The House bills would eliminate Cooper's ability to choose board members at more than a dozen community colleges, and to fill vacancies on the state District Court, where most criminal and civil cases get heard.
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