“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” U.S. Constitution, Article I, section 2, paragraph 3 (emphasis added).
I can only speak about the Boston immigration court. They’ve hired several new judges but all of them were previously prosecutors for DHS and therefore have to recuse themselves from any case they handled in any way before coming to the bench (and that turns out to be alot since multiple prosecutors wind up working on any given case). In addition, several judges have been out sick multiple times, which results in cases getting rescheduled.
Allow me to cite just one example. I have a Haitian client whose removal case was closed when she was granted Temporary Protected Status (allowing her to stay) She subsequently married a US citizen and is eligible for a green card. I filed a motion to reopen the case in December 2017 and it was granted in the spring of 2018. That judge than retired and the case was assigned to another judge (previously a DHS prosecutor) and I had an individual hearing scheduled for September 2019. At that hearing, the government attorney was unable to move forward because he had not yet received the file from the archives! The judge asked the government attorney if the database showed that he (the judge) had previously worked on the case and the answer was no. The case was then continued until November 2019. At that hearing, the judge revealed that he had looked into it and found that he had indeed worked on the case as a prosecutor and therefore had to recuse himself (apparently he hadn’t looked into it before the previous hearing). The case was assigned to another judge. That judge has missed multiple days (two this week) resulting in the rescheduling of her current cases. I have heard nothing about when my client’s application for a green cared will be heard but I doubt it will be this year.
The administration’s solution to the problem is impose minimum quotas on how many cases I judge is supposed to decide per year. It that results in curtailing the aliens’ due process rights, so be it (a feature, not a bug). The solution proposed by the immigration bar is (aside from hiring more judges) to move the immigration courts out of the executive branch (they’re currently part of the Justice Department) and give them independence by attaching them to the federal courts (similar to the bankruptcy courts). I doubt that will ever happen though. Sigh.
The real crisis is at 1600 Pennsylvania Avenue, not at the border.
The Daily Intelligencer has a fine article on corruption in the student loan industry (and the Trump administration’s complicity therein).
First, it describes the problem:
“In the United States today, 44 million people carry $1.4 trillion in student debt. That giant pile of financial obligations isn’t just a burden on individual borrowers, but on the nation’s entire economy. The concomitant rise in the cost of college tuition — and stagnation of entry-level wages for college graduates — has depressed the purchasing power of a broad, and growing, part of the labor force. Many of these workers are struggling to keep their heads above water; recent research suggests that 11 percent of aggregate student-loan debt is more than 90 days past due or delinquent. Other borrowers are unable to invest in a home, vehicle, or start a family (and engage in all the myriad acts of consumption that go with that).”
“Just about all of America’s institutions of higher learning are complicit in this sorry state of affairs. But for-profit colleges have been far and away the most malevolent actors. The entrepreneurs behind such schools looked at the masses of Americans struggling to claw their way up the socioeconomic ladder — and then at the giant stack of federal student loans available to such strivers — and hatched a plan for “disrupting” the higher-education market: Whereas many traditional universities had inefficiently concentrated their capital on research centers, student services, and faculty, for-profit colleges recognized that an ounce of marketing was worth a pound of quality instruction. Providing students with a good education and competitive job opportunities is a difficult, time-consuming, capital-intensive endeavor — but leading students to believe that you can provide them such things could be done with a few targeted investments in video and graphic design.”
Read the article for all of the gory details.
Final quote: “In a bizarre coincidence, DeVos has close financial ties to a debt collection agency that does business with the Education Department.)”
Nothing bizarre about that. I expect nothing less from this administration.