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Wednesday, April 1, 2020

Scharf laments executive disrespect for courts in immigration enforcement

My friend and colleague Irene Scharf has written for the Human Rights At Home blog on "mid-case deportations" by Immigration and Customs Enforcement.  Professor Scharf is expert in immigration law, which I know next to nothing about.  But Professor Scharf raises the alarm about worrisome incidents of executive defiance of the courts, implicating the separation of powers and raising questions about the very rule of law in America today.

Responding to a Boston Globe editorial (pay wall) at the end of February, Professor Scharf wrote on March 20:

While I of course deplore the acts these crimes involved [subject of charges against immigration detainees], as an immigration lawyer and advocate I am deeply disturbed by ICE’s systematic and ongoing attacks on the Massachusetts judicial system.  The Globe editors referred to their hope that the federal courts will address and contain these actions. However, given what we’ve seen recently, it is unclear whether the federal government, acting through ICE, would even abide by a federal ruling. To me, that is the most alarming issue behind these ICE moves.

She quoted respected Seventh Circuit Judge Easterbrook in a recent opinion (Justia), "We have never before encountered defiance of a remand order, and we hope never to see it again.... [I]t should not be necessary to remind the Board [of Immigration Appeals], all of whose members are lawyers, that the 'judicial Power' under Article III of the Constitution is one to make conclusive decisions, not subject to disapproval or revision by another branch of government."

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