Squatter Syndrome: How the Inefficiencies of Our Legal System Are Making a Mockery of Our Immigration Laws

It was once said that possession is nine-tenths of the law, an acknowledgement that the possessor of property generally has the advantage in keeping it. This principle has been taken to absurd extremes in some squatter cases, where people invade homes and then demand the right to stay pending long legal challenges. Today, under both our housing and immigration laws, mere occupation often appears to be nine-tenths of our laws.

Obviously, unlawful immigrants are not the same as squatters. Some of these migrants have legitimate asylum and other claims. We have to separate those meritorious cases from the vast majority with no cognizable claims. Yet, our legal system is failing the public by allowing unlawful immigrants with no meritorious claims to game the system for years and then simply vanish into the nation.

In courtrooms across the country, the nation seems trapped in a type of Squatter Syndrome, a macro version of the housing cases. The slowness of the removal process is being used to keep millions in the country indefinitely. It may prove to be President Joe Biden’s most lasting legacy, a de facto residency by simply overwhelming the system by the sheer number of unlawful entries.

For years, residents in some major cities have expressed frustration as officials threw up their hands after their homes were occupied by squatters. Even though the owners could show officers that the squatters are home invaders (including their own family pictures on the walls), they are often told to seek other housing to let the courts sort it out. That can take months or even years and the squatters play out the litigation (often with the help of some public interest groups) – only to move on to another home when they run out of appeals.

There is a sense of the same helplessness in dealing with unlawful immigration. After over eight million unlawful immigrants entered the country under Biden, Democrats are again shrugging and saying that these immigrants must be allowed to remain for years as they raise asylum and other claims that are overwhelmingly rejected.

Most unlawful immigrants immediately seek out border agents after being led across the border by coyotes and gang members. They know that, upon arrest, they would be given “notices to appear” that are years in the future and then released.

They often come across the border with printed instructions on claiming asylum.

It may be the greatest political scam ever pulled on the American people. The polls show that an overwhelming percentage of the public favors the deportation of aliens with criminal records and roughly half support mass deportations of those here unlawfully. According to a new Associated Press-NORC poll, roughly half of the country still approves of Trump’s handling of immigration.

Knowing that the public opposes such unlawful entries, politicians mouth their concerns about open borders while doing nothing to seek any change that might meaningfully increase removals.

For years, the Biden Administration claimed that it could not close the Southern border without immigration reform, including the new pathways to citizenship. Donald Trump then effectively shut down the border in a matter of weeks with the same authority that Biden had for four years. Entries are down a breathtaking 97 percent under Trump.

The record conclusively shows that Biden and the Democrats could have closed the border at any time but chose to keep it open despite daily images of waves of migrants entering the country. These same politicians knew that, once in the country, it would be practically impossible to remove a significant number of these individuals due to a court system that takes years actually to deport an individual. They become de facto resident aliens and Democrats then insist that the length of their time in the country warrants a pathway to citizenship.

After he came into office, Biden fueled this migration by negating the immigration orders of the Trump Administration, including stopping the successful Remain in Mexico policy. (It was later reinstated after legal challenges.) The Administration also resisted every major effort of border states to fill the vacuum left by lax federal enforcement, even cutting state-constructed barriers along the border.

The result was a deluge of unlawful crossings. Some border agents complained that they felt like little more than travel agents asking immigrants where they would like to go on public expense.

Trump was elected to increase deportations and he has sought to use every possible means to do so. He has met opposition at every turn from the Democrats and the courts. I have criticized the Administration in some of these cases. However, Trump is right that we need to create faster and final avenues for removal for the millions who entered during the Biden Administration.

The Congress has sought to expedite removals without such prolonged litigation.

After his inauguration, President Trump issued an executive order titled “Border Security and Immigration Enforcement Improvements” that ordered the increased use of “expedited removals” under a 1996 law. Prior administrations extended this law to include any apprehended person within 100 miles of the land border who cannot prove they were legally admitted to the country or have been present in the country continuously for more than 14 days.

The Trump Administration has expanded that law to anyone who cannot prove continuous presence for two years. Their removals are generally unreviewable by an immigration judge and dramatically limit judicial relief under asylum claims. These removals also come with a five-year ban on reentry or even a lifetime ban if the individual made false claims to immigration officers.

This same expedited process can be used for those who entered the country legally but overstayed their visa or who have been convicted of certain crimes.

Some 44 percent of removals were accomplished under expedited removal designations by circumventing the standard immigration hearing process. President Obama, who was called by critics “the Deporter in Chief,” expanded the use of this process.

The Trump Administration is also using the administrative removal process of anyone who is not a permanent resident who has been convicted of aggravated felonies. Such offenses actually go beyond such felonies as murder, sexual assault, and firearms offenses. They can include nonviolent misdemeanors as failure to appear in court, burglary, and document fraud.

The benefit of this process is that it does not matter how long the individual has been in the country. Only permanent residents under this system have the right to go before an immigration judge. However, there are still appeals allowed under the system. That is why more immigration judges are needed.

The Administration is also using a process called reinstatement of removal, which applies to anyone who has illegally reentered the United States. Many of these repeat offenders immediately claim asylum. While they are not entitled to an immigration hearing, they can appeal the reinstatement.

The public deserves a better system that can handle a crisis of millions of unlawful immigrants to avoid more expedited reviews and removals. Otherwise, we become a type of squatter nation where our inefficient legal system is being used to make a mockery of our laws.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage

171 thoughts on “Squatter Syndrome: How the Inefficiencies of Our Legal System Are Making a Mockery of Our Immigration Laws”

  1. First of all, any individual that is a citizen of a non-US border country, claiming asylum, should have to 1. Make that claim at least at a US consulates and 2. Immediately report their entry into the US with BP/ICE.

    There should be absolutely zero tolerance for violations of those minimum requirements. Failure should mean immediate deportation.

    1. where did you come up with that nonsense?
      We should elect you the next American Hitler.

      1. Aninny’s absurd question is not worthy of response; she should be removed and banned for cause.

  2. Angel families turn tragedy into action by sharing how illegal immigrant crime impacted families
    “A big win in speaking truth to power: Lauren Phillips, the sister of Laken Riley, who lost family members because of murders committed by people who shouldn’t have been in the U.S., attended the ceremony. Among others she spoke about her sister Laken, who was murdered by an illegal immigrant while she was jogging on the University of Georgia campus.”
    https://justthenews.com/accountability/angel-families-turn-tragedy-progress-sharing-how-illegal-migrant-crime-impacted

  3. Our systems are overwhelmed. Mass deportation ‘Operation Clean Sweep’. Criminal illegals first and that must include squatting and theft. Get the bus!

    1. looks like the Nazi are out this morning. You should push for concentration camps. you’d make a worthy cam guard.

        1. And murderers who shoot CEOs in the back of the head gang style. Were the police able to identify a specific gang?

    2. “Oh, Suzy Q,”

      What about the intuitively inimical, illegal alien invader, 4-million-man standing army that “Crazy Abe” deployed in U.S. territory on January 1, 1863, when existing immigration law required freed slaves to be compassionately repatriated, or deported, and not admitted to become citizens?

      What about the 50 million illegal alien invaders that were stealthily born in the United States but were clearly and irrefutably not “subject to the jurisdiction thereof,” understanding that they could not be summoned for jury duty, as one example?

  4. If a legal expert such as Turley observes this major chink in the armor of our legal system, you would have thought that all of the lawyers in congress would have addressed this fault before now.

    I would suspect that such swift and prudent action on their part would have been at the top of their “to-do” list.

  5. Yes Prof. Turley, the plan all along was to overwhelm our immigration system, by flooding the the country with illegals, some of whom USAID helped to bring here. Then the plan was to use our system of “due process” and leftist judges as a weapon against us. Sort of like a well thought out plan, implemented by Team Soros. I’m glad it only took you four years to figure that out. The rallying cry of “due process” is just part of the plan. China doesn’t need to invade us, they can simply send 500k “students” here on a visa, and with the right signal, the army is already here. And the Left would fight like hell….to help them stay. Maybe Congress needs to think about nuking that filibuster, while we still have a country left? If Trump can’t fast track these deportations over the next 18 months, it will probably never happen.

      1. which begs the question – why haven’t we put an end to this old plan???? Follow the money is what I would do.

    1. That is not all there was to the plan.

      Leaders of “immigrant” assistance NGO’s got RICH off of taxpayer funding, and funneled large amounts back to the campaigns of the people who enabled it.

      This whole Biden border disaster was also a trillion dollar boondoggle.

  6. The first place to go is to shut out illegals from getting SNAP, housing, Medicaid, or any other form of government assistance. Second, tax all remittances to Mexico and other home countries.

    Many of the illegals and those fortunate enough to have gainful employment are sending the money home. It is a multibillion dollar enterprise.

    I see 2-3 non-English speaking illegals every week and they are mostly very nice and polite. They are human and have ambitions. There is that side of the coin, however, they were not allowed into this country for altruistic reasons. They are pawns of the Democratic strategists to forever change the landscape of this nation.

    Our medical system is overwhelmed in the border states, perhaps elsewhere. It is a one year wait or more to see a neurologist and usually half a year or more to see any specialists. There is a dearth of PCPs. Why? It takes years to build residency programs sufficient to the exponential need for care. That is what happens when an extra 12,000,000 people are dumped on our system.

    Yes, we are to be compassionate to the sincere and kind individuals, but they were and are trafficked by the Cartels. They spent 15K for guidance to enter. Many who don’t have the money will enter into indentured servitude (slavery).

    What blows my mind is how the Democrats are embracing a human trafficker gang member. Is this really the person they wanna cozy up to and give him a big sloppy kiss? How bizarre. The newly released footage from the Tennessee State Troopers sheds light on their model “Maryland Man.”

    It will be very hard and thankless work, but it is worth it. One step at a time.

    1. E.M.
      Well said and spot on about giving illegals government handouts. Illegals use the Emergency Departments as their primary health care for everything, costing us taxpayers millions of dollars to pay for their health care. There are much more deserving American citizens who need help and assistance. Not illegals.

      1. NotReallyaFarmer

        On another fine spring morning our fake farmer settles in for a full day of commenting here along with his MAGA cult brethren.

        He will spend the day here regaling us with the fake news and fake stories that he finds on Daily Caller, and Zero Hedge.

        When things are slow, he simply makes stuff and tells us tall tales about his imaginary life and farm.

        Tell us more about all the people in Afghanistan who had their arms cut off after receiving smallpox vaccines.

        Tell us more about the “riots” in China.

          1. He does indeed.

            Previously it was Airborne Dog that he stalked.

            Really weird behavior.

              1. No he didn’t lol

                Thanks for proving again your low IQ.

                He merely modified his schtick slightly. He still posts every day.

            1. ALL HAT AND NO CATTLE!

              That was “Screaming Lil Bow Wow,” who couldn’t produce an MOS, Awards, Campaign, or Theater, proving his “service,” because his was stolen valor, “Tampon Tim” style?

              It’s a simple answer; for example 11 Bravo, Combat Infantryman’s Badge (CIB)/Purple Heart/Viet Nam Service Medal, Cu Chi/Cambodian Incursion/25th Division, Vietnam.

              Lil Bow Wow couldn’t answer because was cowering back in the rear, if in theater at all.
              ______________________________________________________________________________________________

              “We can research the impacts of gun violence. We can make sure those weapons of war, that I carried in war, are only carried in war.”

              – Governor Tim Walz

        1. Notreally a brain, i proved you wrong yesterday about the vaccine, and with Gigi-like persistence you are back today to lie some more, and continue to act like a raving lunatic wrt the farmer.

        2. I love farmers. One of the best and most dignified professions in the world. Every person has to eat.

        1. What did he just say, dum dum? He didnt say anything about emergency care. He said they were using it for primary care.

          U dont know the difference?

          Also, how many times are you going to respond to his one post, notreally a brain?

          You might want to consider what you appear as, stalker.

    2. @E.M.

      You make good points; one of which is the repatriation of American dollars rather than the recirculation of them within our own economy. I don’t think most have any idea how impactful that alone is, at this point the amounts in question are massive, and this is before we even get into government services, housing, schools etc. The cost of illegal immigration is quite staggering, and it isn’t the elite being impacted. 🤷🏽‍♂️

    3. The mess we have now will take years, maybe a decade to sort out. Its going to take a massive plan to fix this. Sending everyone back, like Trump is doing, is likely impossible and probably not even sensible. Practically none of these people qualify for asylum so hearing are mostly a useless exercise. However, we need people, business isn’t crazy about massive, arbitrary deportation. The idea of having ICE raids in a factory or on farm, to me, misses the point. These are the people we are probably alright with having stay here. We just don’t need gang members and criminals.

      I would say, if you have a criminal record or you have already been deported, then you’re out, no more “due process” required. If you aren’t either of those things, and if you are working and filing taxes, and we can vet you, then after a few years or so you’re on a probationary program to citizenship. Maybe E verify can be reworked as a system to verify that people on this probationary track are staying employed and out of trouble. That might cut the number of people to deport down to a number we can realistically manage. Congress really needs to get involved here. Trump is the only one addressing this crisis.

  7. The Democrats will filibuster any new laws to fix this. If the problem can’t be addressed by a continuing resolution, in the particular case of immigration law, I would definitely consider ending the filibuster. Joe Biden and the Democrat party were deliberately lawless in immigration for four years running. It made Joe Biden the most corrupt President in American history–far worse than Nixon in every way.

    Tit-for-tat. If the Democrats can have sanctuary cities and flout immigration laws, then we can kill the filibuster on immigration laws and pass what we need. Any party that deliberately creates an existential crisis for half the Country does not deserve a filibuster defense. Don’t do it, and the Democrats will drive this Country to civil breakdown. They are completely insane.

    The risk is that the Democrats can use the same limits on the filibuster to pass amnesty. At that point, we need to recognize that they will not stop until they cause civil war, and we’ll need to escalate, yet again. I would recommend swatting and squatting their premises. Call it a “mostly peaceful protest.” BTW, they’re already doing swatting and squatting to us, right?

    I hate this kind of talk, but this is why Joe Biden is the second worst President in American history. Don’t let him get to first place.

    1. I agree completely about the filibuster. If they had won, they would have done it to us in a heartbeat. You can play the long game, but if you don’t win these battles today, there won’t be a long game to worry about. Our laws are being perverted and used against us. The phrase Due Process is being used as a punchline to a leftist joke. What they really mean is lets tie up every decision in red tape and appeals with friendly judges, so that it takes years to resolve. We’re being overrun while we’re waiting for the paperwork to be approved.

      1. “The risk is that the Democrats can use the same limits on the filibuster to pass amnesty. “

        I have posted my perfect plan for this repeatedly.

        It is time to stop playing games

        Abolish the filibuster. At the same time, abolish “reconciliation”. At the same time, abolish the senate parliamentarian.

        Now, pass every single piece of legislation on the ‘47 agenda as well as…

        Add 4 originalist justices to SCOTUS, and lock the number at 13

        Lock the number of states in the union at 50.

        Get rid of the district of columbia.

        Define and limit the powers of federal district courts.

        Immediately send a bill to committee, codifying the filibuster for all time.

        If/when the GOP loses the house or senate, pass the filibuster law, requiring 60 votes in the senate, during the lame duck congressional session.

  8. The crisis of illegal immigration was a purposeful program by the D Party to overwhelm our country with people who would vote for Ds for generations to come. Dick Durbin alluded to this early on, as did Chuck Schumer in more recent days. To those who consider this to be an overly cynical interpretation of events, consider: the blind eye turned to Mayorkas’ frequent and utterly dishonest claims that our border was closed; his apoplectic response to the idea that Cuban refugees, who likely would vote R, be given asylum here; D resistance to anything that would promote integrity in voting, including requiring photo IDs and removal of dead people from voting lists, to name a few actions. It’s about winning, whatever it takes, when their message fails.

    1. Size,
      Great comments!

      The fastest to get them out is to convert the immigrants to “Make America Great Again” hat wearing Republicans. They would out of here in a New York minute.

  9. If the government fails to protect the citizens of the country then it is incumbent upon the citizens to take control and solve the mess themselves. Some states have already started to recast the laws pertaining to squatting and removal. Everywhere else, well there is always the direct approach but you may have to learn how to repair holes in the drywall. There are plenty of videos and programs that teach drywall repair. Also there is a growing use of squatter removal agents which have been very successful.
    I would always suggest rapid, early action, depending on the state. The longer the squatter squats the more difficult it is to get them out. After all, it is a home invasion. The 2nd amendment is useful in those situations, also.

    1. GEB,
      Well said and I agree! We have seen a number of states passing anti-squatter laws, even in some blue states.

    2. take control… round up the dems, illegals, anyone you don’t like and… what? What a hateful old one you are.

      1. Anonymous 9:41am – I forgot to include Anonymous the Stupid. He could be swept up by accident and then never heard from again. Papers lost or something like that or an errant keystroke in D.O.G.E. Doesn’t matter.

  10. We have found the major flaw in democracy as instituted in the USA. When you have roughly half the people and one major party that actively tries to exploit the compassion of the people to flood the country with illegal immigrants and then allow them to stay so they can vote in future elections they can engineer gridlock and win by doing nothing more than not enforcing the law. Add to this the completely engineered system of bankrupting the federal and state governments by more use of “compassion” and you have disaster in the works!
    Biden, or Biden’s brain trust, discovered this and intentionally opened the flood gates and yet almost half the people voted for his chosen successor who all knew would continue the process of overwhelming the electorate of every swing state and every welfare program. They knew they would eventually crash the system but too many voters were either ignorant of the trajectory or welcomed the result.
    Does anyone think, based on what Dems are doing right now, that they have changed? It is only a matter of time until they control the executive branch and maybe the rest of government and then, off we go again. Unless we can find a way for the half of the population that is sane or awake to gain enough control to ACTUALLY change the law at a fundamental level we are screwed. The fact that many still can’t see why Trump imposed huge tariffs to shock the international system makes me skeptical that enough of the electorate will awake from their TDS to allow real change. It is far easier to destroy than to build and when one party is able to convince even 40% that their future lies hidden in this destruction how does democracy survive?

    1. “The fact that many still can’t see why Trump imposed huge tariffs to shock the [*domestic*] system . . .”

      Now your statement is accurate.

  11. I said many times over the previous 4 years that Biden’s inflation will be reduced, our military will be restored, men will be taken out of women’s sports, Israel will be supported, Iran will be weakened and the Ukraine war will be ended…but the 10 million illegals will be here forever and that damage will not be able to be fixed for many years if ever at all.

    If anyone has the will and determination to rectify the illegal situation it is Trump, but in todays legal world it may not even be possible for him.

      1. Wow, Anonymous is even more juvenile than usual today. What’s the matter, did mommy decide to charge you rent?

        1. HullBobby,
          The fun part is he thinks he is being funny, or witty when in reality he is putting on full display his lower level elevator IQ and even lower maturity. As you correctly point out how juvenile his comments are. What is even more fun is he is a direct reflection of leftists. He is the reason why the Democrat party is polling so low and even lower with 18-30 year olds.
          How marvelous!

        2. Hullbobby-Anonymous has been drinking his bitter tea today and spewing it all over the blog. He does that in place of thought and reason. The rest of the time he is locked up in restraints.

  12. ONLY IN AMERICA WOULD THIS BE ALLOWED TO HAPPEN WHAT EVER HAPPENED TO BEEN THE KING OF YOUR OWN CASTLE THEY ARE TRESPASSING AND SHOULD BE REMOVED BY LAW

    1. They should be removed by force. The law has failed, no… wait… the “law” is part of the act of destruction. Everything has its time. The time for compassion has passed. The time for anger has arrived. Action is next.

  13. Biden is the WORST President in History along with his Radical Left Wing Corrupt Staff supported by the Washington and other Elites who profited. HE along caused this Immigration mess. The Supreme Court under John Roberts has failed to act and uphold the President Powers. simply to resolve this is a Fast Track, forget the ACLU etc and friendly courts. Let Trump Administration act and do what they set out. Expel the illegals and criminals as fast as possibl and these Liberal Left wing Corrupt so called Judges having no authority

  14. You forgot to mention that the Trump DHS has redesigned the CBP-1 app to work as a self-deportation planner.
    If an illegal immigrant registers and declares intent to self-deport by a declared deadline, the govt. will not apply the 5-year ban if that individual is taken in by ICE, and 1-way airplane fare will be provided. We’re not hearing any numbers utilizing this system….yet.

  15. We have a better system, we need judges that will let the current laws be enforced by the Administration. The only other law that needs passing is not to count illegals in the census.

  16. quick history lesson.
    look at any 2nd, 3rd, etc tier democrat city where teachers are paid $100k…to make sure leshaun is as uneducated as possible, given as many drugs, surrounded by violence.

    Democrats WANT failure…what don’t people get…they are GIVEN MORE MONEY THE WORSE THEY RUN THEIR Plantations of failure!

  17. Professor Turley, what is the reason? Not being a lawyer, but a scientist, I’d have to say the answer lies with training. Law schools seem as much for teaching the law, which is hard enough, but also teaching “justice.” This is a vague term open to all kinds of interpretations. While the law is rigorous, justice allows the “warm and fuzzy,” and thus we get all manner of variations. Activist judges live there.

    1. Most Republicans come from different walks of life. Medical professionals, small business, large businesses, construction, military Vets. Most democrats are lawyers.

  18. How many Jocelyn Nungarys and Laken Rileys does there need to be before people realize how evil the Democrats are with their Pollyanna worldview?

      1. What happens when a nation allows a fifth column to invade under the pretense of asylum, social justice, or other noble notions? The Netherlands allowed German immigration into Holland during the 1930s which, in May of 1940, turned out masses of German partisans and saboteurs already in the nation and well acquainted with its vulnerabilities.

    1. This issue is infuriating and madness! 8 million, it’s probably closer to double that! Really Turley, we need more immigration judges! We need to round them up and deport them like Eisenhower in the 1950’s. Does anyone think we can proceed with due process on an individual basis for 12-15 million illegals? This is sheer nonsense!

      1. In this situation immigration judges and lawyers should do what physician do (or at least used to do) when faced with increased work demands: work overtime. Maybe instead of being paid a salary, immigration judges should be paid on a case-adjucated basis. I bet that would speed things up.

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