By Robert Simels
Originally published in amNewYork on
Read the full commentary on amNewYork
Robert Simels begins with a February 25 decision by Judge Brian Murphy, a federal judge in Boston, striking down the administration's policy of deporting people to third countries that are not their home countries, without notice and without a chance to seek protection. Judge Murphy wrote that Congress has barred removal to a country where a person would face torture or persecution, and that no person may be deprived of life, liberty or property without due process of law.
Simels asks whether rulings like this will make a difference. He cites Washington Post reporting that the administration ignores more than a third of court decisions rejecting its actions, and notes that judges in immigration cases have threatened contempt. He describes the administration's view that its election victory entitles it to act, and he criticizes ICE tactics, including the separation of families and the shootings in Minneapolis.
He asks what ordinary people can do, observing that many are now afraid to protest or record ICE agents. Drawing on his decades as a prosecutor and defense attorney, he writes that when a judge ruled against his side, he followed the ruling and sought relief on appeal. The system has flaws, he says, but it is worth defending, and that starts with obeying court orders.
Read the full commentary on amNewYork
This page is a summary prepared for robertsimels.com. The full commentary was published by amNewYork and remains on amNewYork's site.
Robert Simels. Robert Simels hosts the podcast Injustice for All and serves as a consultant on criminal justice matters. He is no longer practicing law.
About Robert Simels Listen to Injustice for All