The Biggest BIG LIE of S.2611 – “Immigration Litigation Reduction”

The Senate`s


"Comprehensive Immigration Reform Act
of 2006"
(S.2611) peddles the Big Lie that an

illegal alien non-deportation amnesty
massive foreign worker importation program is somehow
in order to

"secure the border."

I`d have thought nothing could be further from the
truth. That is, until I read the bill`s "Immigration
Litigation Reduction"
section (Title VII, Subtitle
A). Despite its title, this is in reality an obscene

pork barrel
project of the federal immigration
litigation bureaucracy.

The final "engrossed" version [
of S.2611 passed by the Senate on May 25 is now posted
on the

web site. The

strikingly dissimilar
"Border Protection,
Antiterrorism, and Illegal Immigration Control Act of
2005" (H.R. 4337)
passed by the House of Representatives on December 16
contains no such provisions.

The supposed "Immigration Litigation Reduction"
text (Title VII, Subtitle A, Sections 701 to 703) calls
for hiring at least 1411 new government attorneys and an
accompanying phalanx of

support staff
scattered throughout the Department of
Justice and the Department of Homeland Security through
the year 2011.

And the bill allows them seemingly unlimited funding to
hire even more! The sky`s the limit!

All of these government legal eagles, including
taxpayer-funded public defenders in the federal district
court system, will be working full-time to CREATE EVEN
MORE federal immigration litigation, not REDUCE
immigration litigation.

More lawyers create more litigation. That`s what they

Litigation Reduction"

is the biggest of the BIG LIES of S.2611. These sections
are in reality a brazenly mislabeled "federal
immigration litigation bureaucracy full employment act
of 2006"

for both government attorneys and the Treason Lobby`s
legal wing in the private bar – the

American Immigration Lawyers Association

Maybe I`m new to
analyzing garbage legislation emanating from the Senate
. . . but I have never seen such an outrageous lie in
labeling legislation. Is there no limit to such

Hiring at least 1411
more government attorneys to feed the already bloated
federal immigration litigation monster is NOT
"immigration litigation reduction."
bureaucracy-building opportunism at its worst!

So here`s the tally.
If S.2611 were to become law, each year from fiscal
years 2007 through 2011, the federal government will
hire at least 1411 attorneys:

  • At least 100 new attorneys each year for the
    "Office of General Counsel of the Department who
    represent the Department [of Homeland Security] in
    immigration matters."
    (Curiously, the
    Immigration and Customs Enforcement branch that
    actually represents the government in U.S.
    Immigration Court proceedings before the Department
    of Justice`s Executive Office for Immigration Review
    (EOIR) isn`t mentioned in the legislation. The DHS
    "Office of General Counsel" located inside
    the Beltway is entirely separate from ICE attorneys
    in the
    Office of the
    Principal Legal Advisor
    who actually
    appear before the EOIR at Immigration Court
    locations nationwide.)

  • At least 50 new
    attorneys each year for the Department of Justice`s
    Office (DOJ) of Immigration Litigation (OIL) who
    will defend immigration cases on behalf of the
    government brought up from the EOIR process to the
    federal circuit courts of appeal

  • At least 20 new immigration judges each year for the Department of
    Justice`s Executive Office for Immigration Review
    (EOIR) in its nationwide Immigration Court system.
    The bill will also limit the terms of EOIR
    immigration judges at the discretion of the Attorney

  • At least 10 new staff attorneys each year for the DOJ/EOIR`s
    appellate body called the Board of Immigration
    Appeals (BIA), located at the EOIR`s headquarters in
    Falls Church, Virginia

  • Increasing the number of EOIR/BIA board members from 11 to 22
    robed government lawyers, plus a "chairman,"
    but limiting their terms at the discretion of the
    Attorney General

  • At least 50 new Federal Defenders Program attorneys each year to
    defend "criminal immigration cases in the federal
    on behalf of

    criminal aliens
    , of course, all paid for by the
    Administrative Office of the U.S. Courts

Are you mad enough
yet? The very thought of funding more attorney pork for
the federal immigration litigation monster is a textbook
example of throwing good money after bad for a
litigation-based [non]-deportation system that should be
abolished outright!

If you haven`t yet
read my

Absolutely Definitive Essay
on the subject, now is
the time!

Hiring more attorneys
to supposedly deport illegal aliens and criminal alien
residents through drawn-out federal litigation is not
the answer. Using federal appellate litigation in the
hope of removing every single illegal alien in these
United States one-by-one flies in the face of reason and
common sense.

Summary removal
not more litigation and lawyers is the answer! Just ask
the experts:

  • Michelle Malkin
    , the first journalist to

    call for the EOIR to be abolished
    , writing in
    her 2002 book, Invasion (pages 232-33): "End

    deportation delays
    : Abolish the EOIR and BIA—The
    most under-recognized obstacle to deporting illegal
    aliens is the shadowy immigration court system and
    it unaccountable appellate body, which routinely
    puts aliens` rights over citizens` safety. . . . [A]bolish
    the Executive Office for Immigration Review and the
    Board of Immigration Appeals and transfer their
    functions to existing law enforcement officers
    within the immigration bureaucracy."


    writing on May 30
    on "Lately I
    have been wondering what it is costing the
    government to handle the current scheme of removal
    proceedings and endless appeals through the circuit
    courts, DOJ / Office of Immigration Litigation, EOIR,
    and the DHS/ICE legal programs. With that figure in
    hand, I think anybody with any brains would see that

    expedited removal
    is the only way to go. [Juan`s


  • reader
    Cynthia, commenting via e-mail on June 2: "[W]hy
    is there not an easy system to deport people who are
    breaking the law over and over again when for a
    legal citizen like most (for now) of us it is fairly
    easy to get into trouble for breaking any law? [
    current system] is the stupidest fashion of law
    enforcement I have ever seen. Yet there is not a
    thing anyone can do about it but send e-mails and

    report illegals
    which will do absolutely nothing
    at all."

The bottom line:
prosecuting criminal aliens in federal court for real
live crimes is one thing (not a bad idea, in fact). But
when it comes to the

deportation system
. . . stop the EOIR immigration
litigation madness!

I`ll leave dissecting the
many other nation-destroying provisions of S.2611 to
similarly-outraged patriots. But mark my words: the
brazenly-labeled "Immigration Litigation Reduction"
text of S.2611 is the biggest lie of all.

Juan Mann [email
him] is an attorney and the proprietor of
He writes a weekly column for
contributes to Michelle Malkin`s

Immigration BLOG