U.S. District Court Denies Government’s  Motion to Dismiss in Immigration Court System Case

Last Friday (July 31, 2020) in a late-afternoon ruling by the U.S. District Court of Oregon,  the Honorable Karin Immergut denied the government’s motion to dismiss the case in Las Americas v Trump . The lawsuit, which was filed in December 2019, alleges that the Administration has failed to establish an impartial immigration court as required under the Immigration and Nationality Act (INA) and the Take Care Clause of the U.S. Constitution.

The complaint outlines pervasive dysfunction and bias within the immigration court system. The lawsuit also claims that the Attorney General has grossly mismanaged the immigration court system and weaponized the system against asylum seekers. The Court’s decision confirms that the gross mismanagement of the immigration court system is subject to judicial review and it also recognizes that there may be important constitutional checks and balances on the power of presidential administrations to manipulate the immigration courts to achieve mass deportation.