Prof. Ben Gershman on HuffPost: “How Immigration Courts Contaminate American Justice”

Professor Bennett Gershman has published a new blog post on The Huffington Post scrutinizing America’s immigration courts where “government power is used abusively and arbitrarily, constitutional rights are non-existent, lives are destroyed, and there is virtually no chance of correction.”

Gershman argues that among the issues at hand are the judges themselves, who are “lawyers in the Department of Justice assigned by the Attorney General for indefinite tenure, and can be terminated at will,” as well as their decisions, which are “almost totally insulated from review by real federal judges.” Additionally, immigrants brought before the court “have no right to the assistance of counsel, and despite strenuous efforts by defender services, pro bono bar groups, and law school clinics, the vast majority of detained immigrants lack counsel to assist them.”

A “bleak and dire” picture, but Gershman cites a recent ABA report that makes several important recommendations, including separating the immigration judge from the Department of Justice and improving the training and professionalism of judges.

You may also like...

Leave a Reply

Your email address will not be published. Required fields are marked *

Skip to toolbar