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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.
18:18

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Quick takeaways

  • Immigration courts operate distinctively from traditional judicial systems, creating concerns about due process and fair representation for accused individuals.
  • The expansive powers of the executive branch in immigration cases raise significant issues regarding personal liberties and the treatment of deportation cases.

Deep dives

The Illusion of Judicial Process in Immigration Courts

Immigration courts function differently than traditional judicial systems, often giving the appearance of a fair judicial process while lacking essential due process guarantees. Attorneys within the Justice Department act as judges and prosecutors, creating a situation where accused immigrants face the government without the benefit of a court-appointed lawyer, potentially compromising their defense. Furthermore, the immigration judges can permit the use of secret and hearsay evidence, which rarely aligns with the evidentiary standards seen in criminal courts. This combination contributes to a perception of kangaroo courts where individuals' liberties are at stake without a fair judicial framework.

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