October 18, 2024
This Makes No Sense
Written by Craig Shagin & Maria Vejarano
Japanese manufacturers introduced the world to the importance of continuous improvement during the quality revolution. Rather than silently accepting faults in the product or its production process, every worker was encouraged to make ongoing suggestions for improvement. While each suggestion might seem small individually, collectively they drive substantial improvements, significantly elevating quality and transforming the product into something far superior.
We observe inanities in our immigration laws and regulations daily, yet comply without even questioning their flaws. We would like to change this. The first step requires altering a critical habit: speaking up about even the minor faults we observe, rather than remaining silent. Our goal is not to bring about immediate, sweeping changes, but to make small, continuous improvements toward a more efficient system. This is not about giving one side of the bar an edge—it is about creating a system that benefits everyone, today and for generations to come.
In our first article, This Makes No Sense, we highlighted three significant issues:
1. The requirement that individuals detained in immigration facilities must leave the facility to have their I-693 forms certified by a civil surgeon, despite the fact that doctors in the facility are fully capable of performing this work and are under contract with DHS to prevent contagion.
2. The inability of USCIS to grant the equivalent of a 237(a)(1)(H) waiver when it determines that someone, perhaps through no fault of their own, was inadmissible at the time of entry.
3. The ability for DHS to provide parole in place for a respondent following a cancellation hearing, which could help reduce the backlog in the courts.
While none of these changes are individually transformative or earth-shattering on their own, collectively, over time, they will enhance our practice and contribute to a more efficient and rational immigration system. The true value lies not in each change by itself, but in fostering a process of continuous examination and improvement of the system as a whole. This, we believe, makes a great deal of sense.
This article dives further into this subject and discovery. You can read our full article here: This Makes No Sense