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Justice on the Fly: The Danger of Errant Deportations

A paper titled “Justice on the Fly: The Danger of Errant Deportations”  by Fatma E. Marouf,  Michael Kagan, and Rebecca Gill from the University of Nevada, Las Vegas,  is an extensive study into what happens in immigration appeals when a stay of removal is requested. The study found “that the circuit courts as a whole denied stays of removal in about half of the appeals that were ultimately granted”. The magnitude of this error is alarming because it means that many people may be sent back to countries where they risk persecution or torture. Stays of removal can sometimes take months to be granted. And during that time ICE can deport the person even in cases of asylum. By the time the court grants an appeal the asylum seeker may be gone from the US. This is a massive waste of resources, costing US taxpayers millions of dollars a year. But more than that, it’s an injustice. While DHS Secretary Jeh Johnson and President Obama review deportation practices, they should consider exercising prosecutorial discretion in cases such as these.

An abstract can be found here with a link to the full paper.