Deep Gulasekaram spoke with KQED on Zoe Lofgren’s bill which would transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general. Read the article.
Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said Pratheepan Gulasekaram, professor of constitutional law and immigration law at Santa Clara University.
“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is…is a great service.”
