There is a dangerous misconception lurking in America’s growing public consciousness about immigration law enforcement. From the man on the street to the halls of Congress, the fatal error persists in the belief that if only current immigration laws were just enforced, the illegal alien invasion of these United States would be over for good.

All would be well if we put the legal mechanisms in place into effect . . . right?

Wrong.

Few Americans even recognize that there’s any problem at all with HOW the federal government goes about deporting illegal aliens and criminal alien residents. Securing the Arizona desert was a piece of cake in comparison—remember that the volunteer Minuteman Project showed the world that they could do it in a month!

So what’s the problem?

It’s too many lawyers, too much litigation and a four-letter word called EOIR.

The problem that hides in plain sight in the current immigration "catch and release" controversy is the litigation bureaucracy of The Executive Office for Immigration Review (EOIR).

The EOIR is a little-known federal agency within the U.S. Department of Justice. It comprises the nationwide U.S. Immigration Court system and its appellate body, the Board of Immigration Appeals (BIA) in Falls Church, Virginia. The EOIR is the centerpiece of a largely unknown de facto stealth permanent amnesty and non-deportation program for illegal aliens and criminal alien residents.

According to its web site,

"[t]he EOIR was created on January 9, 1983, through an internal Department of Justice (DOJ) reorganization which combined BIA with the immigration judge function previously performed by the Immigration and Naturalization Service (INS). Besides establishing EOIR as a separate agency within DOJ, this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of federal immigration laws."

But the hidden truth about the EOIR is that America’s deportation process for illegal aliens and criminal alien residents is designed for failure. What starts out as deportation becomes perpetual litigation - and relatively few deportable aliens ever leave.

With the complicity of the Department of Homeland Security (DHS), the EOIR litigation bureaucracy forms the concealed piece in the puzzle of institutionalized mass immigration sponsorship by the federal government.

Other than the few summary removal provisions implemented at ports of entry, the deportation of foreign nationals in the United States is largely voluntary.

The lengthy EOIR system of hearings and appeals enables illegal aliens and criminal alien residents to remain in the United States both legally and illegally for years, often in perpetuity.

The EOIR and the DHS bureaucracy enable thousands of detained aliens facing deportation to be released back to the streets on an immigration bond or paroled out of federal custody during the EOIR hearing process - giving them the option of disappearing back into the United States regardless of the outcome of their Immigration Court hearings.

The lack of physical security on the land border exposes the EOIR process for the charade that it is. Deported aliens just walk back in.

The EOIR literally makes a federal case out of every illegal alien and criminal alien resident in deportation proceedings by offering a litigation gateway to the federal circuit courts of appeal, and, sometimes, even to the U.S. Supreme Court.

After reviewing Immigration Court decisions at the Board of Immigration Appeals (its appellate body) the EOIR system offers automatic federal circuit appellate court review for the deportation of every illegal alien and every criminal alien resident in the United States.

Read the Full story: 12/06/05 - Abolish The EOIR! Juan Mann's Absolutely Definitive Essay

[Original posting from the Juan Mann Archive on VDARE.com]