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Cato Daily Podcast

Administrative Courts and Presidential Deportations

Cato Daily Podcast

Caleb Brown

Politics, News Commentary, 424708, Libertarian, Markets, Cato, News, Immigration, Peace, Policy, Government, Defense

4.6949 Ratings

🗓️ 24 March 2025

⏱️ 18 minutes

🧾️ Download transcript

Summary

They’re not real courtrooms, of course, but administrative courts are being used in the context of immigration. What is their role in adjudicating immigration issues? David Bier and Will Yeatman comment.

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Transcript

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0:00.0

This is the Cato Daily podcast for Monday, March 24th, 2025.

0:08.8

I'm Caleb Brown.

0:09.8

Administrative courts have a bad track record at the federal government.

0:13.6

They're regularly used to deny due process for people brought before them.

0:17.3

Their worst feature, however, might be that they're taken seriously as courts,

0:22.6

which of course, they're not. So what does that mean in the context of immigration?

0:28.3

Cato's David Beer and Will Yateman of the Pacific Legal Foundation comment.

0:36.5

Dave, a recent podcast I recorded with our own Ilyosomen, discussed the whisking of several people accused on pretty shaky claims that they were affiliated with a Venezuelan gang were whisked off to an El Salvador prison.

0:57.2

Those men received zero judicial process before they were sent off.

1:04.6

Some of them who were claimed to have been a part of this gang.

1:09.4

The White House and the White House's defenders say that this is legitimate use of this so-called Alien Enemies Act of 1798 or 89, in any case, a very long time ago.

1:26.2

But there are others, people who are in the United States

1:30.8

legally, who have received hearings of a sort and in seeking their removal from the United States.

1:42.3

When they receive these hearings, it's not clear that that's judicial

1:45.5

process, or I should say, it's clear that it's not a judicial process. Can you walk us through

1:50.5

what has happened to this activist in New York? Yeah, so when you're charged as removable,

1:59.2

the first stop is the immigration courts. And these are, we call them

2:06.5

courts, but these are our attorneys within the Justice Department. They are, again, they are ultimately

2:17.1

reporting to the president of the United States and the

2:20.2

attorney general. They're part of the executive branch. And so when someone, even a legal,

2:26.6

permanent resident of the United States, the government wants to remove that person, they are

2:33.0

brought first before what they call it an

...

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