AILA Quicktake #266: Members of Congress Call on DOJ to Reverse the Matter of M-S- Decision

5/17/19 AILA Doc. No. 19051770. Admissions & Border, Asylum
AILA's Senior Policy Counsel Laura Lynch provides an update on the state of our nation’s immigration courts including the letter from 55 members of Congress to Attorney General Barr asking to reverse the Matter of M-S- and AILA’s policy brief on DOJ’s “Myth vs. Fact” document.

Video Transcript

0:00:00.000,0:00:08.620
This week, Congressman Tony Cárdenas from California
0:00:08.620,0:00:14.620
and Congressman Darren Soto from Florida led a group of 55 colleagues in a letter
0:00:14.620,0:00:22.580
to U.S. Attorney General William Barr calling out the administration’s misuse of the certification process
0:00:22.580,0:00:28.380
and urging the Department of Justice to reverse the recent decision, Matter of M-S-.
0:00:28.380,0:00:33.620
Members of Congress are alarmed by the Department of Justice’s unprecedented
0:00:33.620,0:00:39.620
misuse of executive power; not only rewriting asylum and detention law,
0:00:39.620,0:00:47.340
but also stripping judges of the most basic operational authorities and judicial independence.
0:00:47.340,0:00:53.960
With his Matter of M-S- decision, the Attorney General is unilaterally depriving asylum seekers
0:00:53.960,0:00:59.720
of their right to a bond hearing in front of an immigration judge despite the fact they
0:00:59.720,0:01:04.350
have passed a credible fear interview administered by an asylum officer.
0:01:04.350,0:01:12.140
This is a devastating blow to those seeking protection from persecution at the U.S. border.
0:01:18.420,0:01:23.180
The Matter of M-S- decision is not the only action taken by this administration
0:01:23.180,0:01:27.135
that shows how political whims are running the court system.
0:01:27.140,0:01:31.680
Just last week, the Department of Justice released a document that contained
0:01:31.680,0:01:37.280
deceptive information and polarizing rhetoric about our immigration courts.
0:01:37.280,0:01:41.760
We wanted to make sure you have the facts, so we issued a policy brief
0:01:41.760,0:01:46.080
that provides real information on the state of our courts.
0:01:46.080,0:01:50.120
In the brief, we demonstrate that studies have proven
0:01:50.120,0:01:56.480
immigrants represented by attorneys fare better at every stage of the court process;
0:01:56.480,0:02:04.040
that the Legal Orientation Program improves judicial efficiency and fundamental fairness;
0:02:04.040,0:02:08.280
and that use of video teleconferencing undermines the quality of
0:02:08.280,0:02:13.840
communications during immigration hearings and threatens due process.
0:02:13.840,0:02:17.457
Armed with these facts, AILA is calling for Congress
0:02:17.460,0:02:20.540
to establish an independent Article I immigration court
0:02:20.540,0:02:27.620
that will administer our nation’s immigration laws free from political manipulation.

Related Resources