One of the tactics of the open-borders advocates is to have an endless series of appeals for illegal aliens, even after they are deported, in the Executive Office for Immigration Review (EOIR), the administrative immigration-appeals system, and in the Article III Federal court system.
Michelle Malkin said it plainly decades ago: “It Ain't Over ‘Til the Alien Wins” [June 12, 2007] and that is part of the perfidious plan by the Treason Bar and kritarchs in Federal courts. Just keep cases open until the government surrenders and gives an illegal alien a green card.
It never ends, in fact it expands. Senator Christopher Murphy has proposed legislation to further clog the Federal courts by ending the most sensible restriction on one avenue of appeals, false claims of ineffectiveness of counsel. The fun fact is that attorneys who are unlicensed by the State Bar organizations are allowed to practice before the EOIR and the Department of Homeland Security (DHS). Consequently there are many incompetent lawyers practicing immigration law, but that should not give illegal aliens the right to endless appeals.
U.S. Senator Chris Murphy (D-Conn.) on Thursday introduced the Strengthening Immigration Procedures Act, legislation to promote due process, ensure consistency in federal immigration proceedings, and reduce paperwork by removing unnecessary burdensome filing requirements. Currently, some noncitizens must first file a state bar complaint against their prior immigration attorney in order to seek an appeal of their immigration case, even though they are legally entitled to seek such an appeal. This requirement, which is not enshrined in federal law but exists through precedent, applies exclusively to immigration matters and results in more red tape and delays in due process, ultimately denying access to justice for noncitizens. This narrowly tailored bill would eliminate this requirement, aligning ineffective assistance of counsel claims in immigration matters with the national standards articulated by the Supreme Court in Strickland v. Washington, creating parity for immigration lawyers and reducing confusion by ensuring that the same standard for ineffective assistance of counsel claims is used in all legal proceedings.
Murphy Introduces Legislation To Promote Due Process, Improve Fairness In Immigration Proceedings, Office of Senator Christopher Murphy, July 11, 2024
The obvious problem with this plan is that it will expand the number of appeals of immigration decisions in the Federal courts, further delaying deportations. And eliminating the requirement that a complaint with the relevant State Bar association only proves that the plan is to fill the Federal court system with baseless appeals to allow more illegal aliens to stay longer though the appeals process and to encourage the government to give up on appeals because of limited budgets and political pressure.
This not only protects incompetent attorneys, but encourages illegal aliens to use incompetent attorneys because such will ensure endless time in the United States during appeals.
DHS and the EOIR should prohibit unlicensed attorneys and other non-attorneys from representing aliens in administrative appeals or removal proceedings. Instead Congress should require licensed attorneys and statutorily prohibit claims of ineffectiveness of counsel unless a State Bar disciplinary committee has investigated and provided real punishment to incompetent attorneys. This is the only way to ensure that the system will not be abused and incompetent attorneys are not free to exploit other illegal aliens.
Congress should instead expand this principle to the criminal justice system, requiring disciplining incompetent criminal attorneys. It is a quite common scam by criminals to use the ineffectiveness of counsel to get multiple bites at the appellate apple. In any event, there is no ineffectiveness of counsel in civil lawsuits: the standard is caveat emptor, you get what you pay for. This is important, as the guiding principle of immigration law is that there is no punishment in immigration proceedings, as being prevented from entering or being deported is not considered to be a punishment.
The Treason Bar is behind this “narrowly tailored” bill because it is a financial windfall, effectively creating clients for life given the clogged EOIR and Federal courts.
BREAKING @ChrisMurphyCT leads bill to ensure fairness in immigration court when harmful errors are made. @AILANational applauds "Strengthening Immigration Procedures Act" to bring immigration law back in line with #SCOTUS national standards.
— Gregory Chen (@GregChenAILA) July 11, 2024
👏👏https://t.co/0ggRyGEb00 pic.twitter.com/E0qzHQqyoB
The Treason Bar wants endless appeals because it ain’t over until the alien wins. And incompetent Treason Bar members are protected for their fraudulent exploitation of illegal aliens.
