Sunday, June 30, 2019

Let the Immigration Courts be in the Home Countries

   There's a move to have immigrants apply for their asylum in their home countries, instead of having them cross into the U.S. to apply.
   I don't know that I would no longer let them apply upon entry. Having them come here to apply is okay with me. But, it does seem evident that taking care of the matter before traveling all the way here is a logical way to do it.
   But, I have a warning: Don't end the court system. I do not know that this is the intent, but I am sure to warn against it. Don't do away with the court system and make the decision on whether they are allowed without giving them their day in court.
  If they apply in their home countries, where will the cases be tried? If they are tried in our immigration courts in the U.S., the applicants will not be able to be physically present. I suppose teleconferences might work.
   I, though, like the option of opening immigration courts right in the home countries, in the consulates there. In gathering background information on the applicant, it might possibly be done better if done right where the sources and witnesses are at hand. And, the judges would be living in the environment the applicants are coming from, giving them a knowledge of the conditions the applicants are fleeing. This fits in closer with the tradition of being tried by your peers. Read the Sixth Amendment. Having the courts in their home countries is more in keeping with the spirit of what it says.
  "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
  Asylum trials are not for crimes, it may be pointed out. Still, the spirit of the Sixth Amendment should apply to these trials.
   

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