Jeffrey S. Chase, a former immigration judge who presided in New York City, told Law360 in an email that the current practices have "weaponized" immigration proceedings — which are civil rather than criminal — and opened the door for government overreach.
"I would think anyone finding themself entangled in a legal dispute would look forward to having their day in court before a fair and independent judge," he said. "How would American citizens feel if after waiting for years for the chance to have their day in court, they were instead swept away by masked federal agents, detained, and denied a court hearing?"
“A lot of times, people are coming for reasons that have to do with politics and conflict,” says Jeffrey Chase, a former immigration judge in the US.
“If you drill down deeper, the root cause of some of these issues actually results from climate change – fighting over land, or limited resources, or groups being punished by not getting aid after a natural disaster, or that sort of thing. And it won't be flagged, necessarily, as a climate change issue…What’s needed is a new way of thinking about “how climate change factors can fit into the standard asylum criteria,” says Chase.
“Immigration judges hear death-penalty cases in traffic-court conditions,” said Chase, quoting a colleague. “This is a perfect example.”
[Note: the colleague I quoted was retired Judge Dana Leigh Marks].
“industrialized countries must meet all their climate finance commitments…particularly in light of the disproportionate contribution of those countries through their decades of emissions to global climate change.” - Camila Bustos and Jeffrey S. Chase, Just Security, Nov. 14, 2022