If postponing executive action on deportation was one prong of President Obama's disastrous attempt to appeal to anti-immigrant voters to try to save the skins of Democratic candidates in the midterm election, continuing to rush young children out of the US and back to violence-prone Central American countries without giving them time to find lawyers has been the other.

POLITICO reports as follows on November 6:

"Newly released government data show an immigration court system under stress as judges face pressure to expedite deportation cases even as thousands of child migrants - many under 14 and with no grasp of English - are still without attorneys to represent them.

The fast pace of arraignments has been quite extraordinary, with 11,392 master calendar hearings held from July 18 to October 21 or more than 800 a week. Of the 1542 removal orders issued in the same time period, 94 percent fell on children having no counsel." (Emphasis added.)

POLITICO also reports that while more than 10,000 continuances were granted to children by immigration judges, about half of which were in order to find counsel, 37 percent of the latter continuances were granted for only 60 days, not nearly enough time for the children to find a lawyer, given the shortage of non-profits and pro bono attorneys available.

These are not the only statistics recently released by the EOIR which shows the effect of the wholesale denial of fundamental justice and elementary due process to thousands of Central American children whose deportation cases are being "prioritized" by the Obama administration in its vain attempt to counter right wing charges that it supports "amnesty" and "open borders" for Latino and other minority immigrants.

POLITICO also reports:

"Of the 1804 cases listed as completed, 85 percent or 1542 ended with orders of removal. which carry with them criminal penalties and make it far harder for that child to try to re-enter the US. By comparison, just 47 were given the route ov voluntary departure, which avoids future felony charges."

Meanwhile attorneys for the plaintiffs in a July 9 lawsuit filed in a federal court in Seattle claiming that the children are being denied due process by being forced into deportation hearings without counsel are accusing the government of using delaying tactics to avoid a ruling from the court which might uphold the childrens' rights.

POLITICO writes:


"There's almost a Catch-22 side to this legal maneuvering.

For months, in fact, Justice argued that the initial July complaint hadn't "ripened" because those children were getting continuances and therefore couldn't yet show that they had been removed for lack of counsel Adding the two Salvadorean teenagers - who have already received orders of removal - would seem to address that standard for ripeness. And critics contend that by opposing the amendment [to the complaint in order to add these two teeneagers as plaintiffs], Justice is only dragging out the process and frustrating efforts to get a ruling from the federal courts on the underlying issue of a child migrant's right to counsel."

See: POLITICO: Thousands of child migrants still lack lawyers

http://dyn.politico.com/printstory.c...66-0032AFF562F
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Roger Algase is a New York lawyer and graduate of Harvard College and Harvard Law School. For more than 30 years, he has been helping employment and family-based immigrants achieve successful results by handling each of their cases personally and fighting hard to protect their rights.

Roger's practice includes H-1B and O-1 work visas, J-1 training visas, and green cards through Labor Certification, extraordinary ability and opposite or same sex marriage, among other immigration and citizenship cases. His email address is algaselex@gmail.com