For a diary of systemic injustices, I found an article about injustice in immigration courtrooms. Unlike the regular court system, we know of, immigration court is different. The chief prosecutor/attorney general selects the judges (not legal judges – only called judges). They are employees of the Department of Justice. Through his authority to certify decisions, the attorney general of the United States, that one person can single handily pull the removal case of any person, in any court, anywhere nationwide, and issue a sweeping decision. Making that person an example.

A nine-year-old migrant girl from Guatemala sits in the back of a U.S. Border Patrol vehicle after she was apprehended for illegally crossing into the U.S. from Mexico in Sunland Park, New Mexico June 14, 2018. REUTERS/Adrees Latif

It is a system that is lost. Any symbolic of independence and the proof of that is the backlogs of cases 1.1 million cases caused by a process called aimless document reshuffling (one gentleman named it). There is not one specific administrator, but it is the problem of being fundamental to the core. With every administrator that has come in has rearranged the pending court document cases to order a political message with their decision on their law enforcement policy.

Undocumented immigrants’ attorney said, “I worried because I want my clients’ voices to be heard.” He goes on to say, “The judges are facing numerous backlogs and they simply do not have the time to listen to our clients who are facing exile from this country.”

They believe the true solution for immigration court would be the court is no longer run by a prosecutor. The immigration court needs to be removed from the justice department and give it true independence like any other court we have in our judicial system. The immigration court needs to be reform. They say the foundation is in place. It only needs independence.

Undocumented immigrants are the “other” and what I have read about our system, it almost makes the immigrants, subalterns. The reason I said this is because the lawyer said the judges do not have time to listen to his clients’ voices. I will put the undocumented immigrants as subalterns. I am sure most of the judges mean well, but they are back up in cases.

To add to the conversation, I came across another article, 10 US Immigration Issues to Watch in 2020, in the media Trump administration focus on undocumented immigrants; however, the administration has restricted legal immigration. Last year, Trump attempted to restrict most family-based immigration by signing a proclamation that barred immigrants who do not have health insurance or could not prove they could afford to pay for medical care. The courts blocked Trump’s proclamation. “In addition, his administration has proposed policy changes that would reduce the number of people eligible for green cards and other visas by expanding the definition of who qualifies as a “public charge.” (Karas & Campbell, 2020)

Even though the United States citizens have freedom of speech, freedom of speech does not apply to undocumented immigrants. They come to the United States for a better life and Trump and his administration are making it difficult for undocumented immigrants to become US citizens. While many undocumented immigrants wait patiently for their time for court, they hope to be heard. But does it make a difference? One immigrant lawyer says his clients’ voices do not get heard in the proceedings. I place the undocumented immigrants in the subaltern group for now until the US comes up with a better reform.

Works Cited

Featured Issue: Immigration Courts. (2020, October 6). Retrieved from American Immigration Lawyers Association: https://www.aila.org/advo-media/issues/all/immigration-courts

Karas, T., & Campbell, M. (2020, January 3). 10 US immigration issues to watch in 2020. Retrieved from The World: https://www.pri.org/stories/2020-01-03/10-us-immigration-issues-watch-2020