Cato Daily Podcast Administrative Courts and Presidential Deportations
Mar 24, 2025
David Bier, who directs immigration policy studies at the Cato Institute, and Will Yeatman, a senior legal fellow at the Pacific Legal Foundation specializing in administrative law, dive into the complexities of immigration administrative courts. They discuss how these courts often fail to ensure due process for deportees and the impact of broad executive powers on free speech. The conversation uncovers challenges immigrants face in accessing legal representation and highlights potential legal avenues for challenging deportation decisions.
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Lack of Due Process
- Individuals accused of gang affiliation were sent to an El Salvador prison without judicial process, based on shaky claims.
- Some received hearings, but these weren't judicial proceedings.
Immigration Courts' Structure
- Immigration courts aren't real courts; they're attorneys within the Justice Department reporting to the President.
- They use flimsy evidence, and defendants aren't automatically provided lawyers, unlike criminal courts.
Public Rights vs. Private Rights
- Immigration courts are considered more legitimate than other administrative courts but still lack proper judicial processes.
- They handle "public rights" like immigration, giving significant leeway to legislative and executive branches.