Court Stripping in Specter Bill

From Brennan Center’s E-lert

Immigrants May LoseAccess to the Courts: Court Stripping Provision in Arlen Specter’s ImmigrationReform Bill Prompts Rally by Advocates
Immigrants may lose accessto counsel and to the courts if Congress enacts either of the immigrationreform bills championed by Senate Judiciary Committee Chairman Arlen Specter(R-PA) and Senate Majority Leader Bill Frist (R-TN).  Both the Frist billand the Specter bill, which the Senate Judiciary Committee currently isconsidering, would strip the federal circuit courts of jurisdiction overimmigration appeals by redirecting the roughly 12,000 immigration appeals heardeach year into the Federal Circuit Court in D.C.  The Federal Circuitcurrently specializes in patent cases.  Only three new judges would beadded to that court — too few, advocates say, to handle the complex andlife-altering issues that arise in challenges to deportation and otherdecisions rendered by the Bureau of Immigration Appeals.  Advocatescaution that immigrants would also have great difficulty both in getting to theD.C. court and in finding enough lawyers willing to travel to the court sincerepresentation often is provided pro bono.  Rebekah Diller, AssociateCounsel at the Brennan Center for Justice at NYU School of Law, says, “Thesebills are being drafted too hastily, without any opportunity to examine thereal-life consequences for the thousands of immigrants seeking court revieweach year and for the justice system.”  She explains that the immigrationreview process has come under intense scrutiny recently, and that the qualityof agency decision-making has declined over the past several years.  InJanuary 2006, U.S. Attorney General Alberto Gonzales publicly criticizedimmigration court judges for “intemperate or even abusive” conduct towardasylum seekers.  In a recent letter, the Brennan Center urged SenatorSpecter to defer any switch to the Federal Circuit until after the variousadministrative reforms in the current bill go forward.  The BrennanCenter’s letter to Senator Specter is available at www.brennancenter.org. Both bills also create a “certificate of reviewability” requirement, preventingjudicial review of any case unless a Federal Circuit judge, within 60 days offiling of the judicial action, makes an affirmative decision to allow the caseto go forward.  If the court declines to hear the appeal, or takes noaction in the 60 days, the case will be automatically dismissed.  TheSpecter bill also would entitle the government to use secret evidence againstasylum seekers.  The chief judge of the U.S. Court of Appeals for theNinth Circuit has spoken out against the bill, as have advocates across thecountry.  Emily Chiang, Associate Counsel at the Brennan Center, adds, “Ifthis bill passes in its current form, it will deny immigrants the counsel theyurgently need and throw the courts into disarray.  At a minimum, Congressshould hold public hearings before so radically altering the federal courtsystem.”  Based on original reporting by Brennan Center staff. 
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