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Uscis Provides Statistics On Its Decisions For Waivers - Mmhpc: What You Should Know
The federal government is in a bit of a Catch-22 situation. It is forced by Congress to provide funding to the courts, which in turn requires the government to ensure adequate resources are provided to the judiciary through the Immigration and Naturalization Service (INS). Yet, the judiciary itself is not a major beneficiary of these resources. Judges have to spend their own funds to do their jobs in running these cases, and as a result, the government pays for very little outside services on immigration cases. At the same time, however, these judges are in the very important position of being the first (and only) line of defense for applicants who wish to enter or remain in the U.S. legally. They must ensure that applicants don't violate the law, and they are essentially the gatekeepers into the U.S. for the immigrants who come through the legal immigration system. For example, suppose a foreign national is caught in the United States with “illegal” alien status. A judge may, under some circumstances, order the alien taken into custody, and turned over to immigration authorities. But if the alien was previously allowed into the United States, then the judge is not at liberty to order him or her out. This puts the U.S. government in a Catch-22, as if it refused to turn them over, then these individuals may be removed from the country, without the possibility of their reentry being approved. At the same time, if the foreign national is removed, they are likely to be granted a visa waiver, which would allow them to come back into the U.S., if they were to reapply at a later time. Therefore, there appears to be a conflict of interest here. The taxpayer is paying the courts and the foreign national, while the courts are the ones who are taking the most risk to secure the integrity of the immigration process. Thus, I think that we should simply stop allowing judges to issue these “detention orders” of all types. They are very expensive to issue, can be counterproductive to border enforcement, and should be eliminated. Judges should no longer be allowed to issue these orders that are contrary to established law and the immigration regime. The fact that a judge is even allowed to issue such an order, is troubling in and of itself.
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