Margy O’Herron

The great majority of immigrants getting locked up have no criminal background, and many are in lawful status -- nowhere near the "worst of the worst." U.S. citizens are being swept up too. It's unAmerican and it wastes taxpayer money.

Using military lawyers in civil immigration proceedings further blurs the line between military personnel and civilian government. It’s another step in the wrong direction. 14/14

Even if lawful, this action is part of President Trump's pattern of misusing the military & eroding barriers between military personnel & civilian govt (eg, using military aircraft for deportations flights, deploying National Guard & active-duty troops to assist w/ immigration enforcement). 13/14

In 1983, Congress enacted a law authorizing JAGs to be detailed to DOJ to exercise the functions of a federal civil office. bsky.app/profile/stev... 12/14

Using JAG lawyers as immigration judges this way is a terrible idea. Even so it probably doesn’t violate the Posse Comitatus Act, which bars the federal armed forces from participating in law enforcement except when expressly authorized by Congress. 11/14

In addition, assigning JAG lawyers to work as immigration judges will pull them away from the important work they’re trained to do, including prosecuting and defending military personnel in court martial cases and advising military leaders on vital matters such as national security law. 10/14

Wrong decisions in immigrant court can have devastating consequences, like deporting someone to a country where they will be persecuted or separating family members, in some cases for the rest of their lives. 9/14

A fair trial in a fair tribunal cannot possibly mean a hearing before a government employee with little to no knowledge of immigration law or procedures who is handpicked by the Secretary of Defense at the request of the Attorney General. 8/14

DOJ says temporary immigration judges will get the same six-week training as permanent immigration judges, but NPR reports their training will be limited to two weeks. That is not enough. 7/14

Immigration judges must know the immigration law, which the Supreme Court has called “complex” and a “legal specialty of its own.” It takes months or years to learn. 6/14

Firing experienced specialist judges to replace them with inexperienced ones suggests that DOJ is trying to build a bench of judges who will support Trump's agenda. 5/14

DOJ has fired as many as 65 immigration judges since the beginning of the year, all career government employees. 4/14

On August 28, DOJ issued a rule allowing “any attorney” to be selected as a temporary immigration judge, eliminating the previous requirement that temporary judges have years of adjudicatory, litigation, or immigration experience. 3/14 www.federalregister.gov/documents/20...

Immigration judges are specially trained administrative judges in the Department of Justice that oversee deportation hearings. 2/14 www.brennancenter.org/our-work/res...

The Trump administration’s plan to use 600 military lawyers as temporary immigration judges, with some starting as soon as this week, will deprive immigrants of a fair hearing and further erode the line between military personnel and civilian government. 1/14

The Past, Present, and Future of the Voting Rights Act Experts discuss what remains of the landmark 1965 law after decades of attacks.

The Voting Rights Act, the crowning achievement of the civil rights movement, is under attack. Join us on Tuesday, August 19, at 3 p.m. ET for a free virtual event with experts to explore its legacy and its future. RSVP: bit.ly/46MuApV

Who gets banned this time? Muslims, Africans, Haitians, and Venezuelans, all people the president has stigmatized. Doug Rand and I explain why the government's own data doesn't support its claims. The picture tells the story.

United States v. State of New York The Brennan Center, along with co-counsel Levine Lee, filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act. The brief argues that allo...

BREAKING: Eight former New York judges, including the former Chief Judge and Chief Administrative Judge, filed a friend-of-the-court brief in United States v. New York. Allowing ICE to make warrantless civil arrests at courthouses undermines the proper functioning of state courts.

D.C.’s National Guard Should Be Controlled by Its Mayor, Not by a President Like Trump The National Guard didn’t turn up in time on Jan. 6, but Congress may be about to fix that.

Congress can fix these problems and stop future executives from overstepping by giving residents of DC the kind of true self-governance that all other Americans enjoy. They can start by granting control over the DC National Guard to the mayor. slate.com/news-and-pol...

The president’s take over of DC local policing is an improper use of emergency powers. Check out @josephanunn.bsky.social’s explanation.

2022 Update: Good Governance Paper No. 6: Domestic Military Operations At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous."

Re-upping two articles via @justsecurity.org:

www.justsecurity.org/79971/2022-u...

www.justsecurity.org/74098/why-d-...

CBP is supercharging border surveillance and, as @sreynolds.bsky.social points out, there is significant risk that those efforts will bleed into the rest of the country.

@amostoh.bsky.social explains what the new AI EO is really about:
“These restrictions feign a commitment to truth and impartiality while expecting tech companies to fall in line with the administration’s version of reality.”

Make that 6,400+!

The Government’s Growing Trove of Social Media Data It’s increasingly collecting and using social media information to make high-stakes decisions related to immigration.

Reviewing individuals’ social media to conduct ideological vetting has been a defining initiative of President Trump’s second term. Here’s an overview of this collection process and how the information is used.
www.brennancenter.org/our-work/res...

‘They’re killing us’: Immigrants complain of inhumane conditions inside NYC holding site Immigrants complain of cramped conditions, inadequate food and bathing facilities and sleeping on concrete floors.

Immigrants detained in ICE holding rooms at 26 Federal Plaza in NYC allege inhumane conditions, including just one meal a day and sleeping on the floor. This comes as the administration has defied congressional oversight. gothamist.com/news/theyre-...

Debunking the Myth of the ‘Migrant Crime Wave’ Data does not support claims that the United States is experiencing a surge in crime caused by immigrants.

Some politicians and gov officials continue to push a narrative that recent immigrants, especially undocumented ones, are driving crime in the U.S. Research & data do not support the view that immigrants commit crimes at higher rates than native-born Americans. www.brennancenter.org/our-work/ana...

The budget bill allocates billions to lock up immigrant families (mostly mothers and children) while the admin cuts oversight, the minimum needed to make sure the system is humane. I was honored to collaborate with @lbeisen.bsky.social, who has written extensively about mass incarceration

We are a nation of laws — including immigration laws — but a core American principle is that everyone is entitled to due process to make sure that the law is being applied correctly. And throwing up barriers to legal immigration will only worsen existing problems with the system. 14/14

Instead of a lopsided emphasis on enforcement, funding should be balanced to screen for humanitarian claims like asylum; provide legal support; process more legal immigration, refugee, and citizenship applications; and hold immigration court hearings. 13/14