播客开场与背景介绍
迈克尔·巴巴罗: 欢迎收听《每日新闻》(The Daily),我是迈克尔·巴巴罗。
Original English
Michael Barbaro: From New York Times, I'm Michael Barbaro. This is The Daily.
迈克尔·巴巴罗: 在他的第二任期内,特朗普总统一再受到联邦法院的阻挠。然而,有一个监管移民的、鲜为人知的法院系统却是例外。今天,我的同事尼古拉斯·内哈马斯为我们带来内幕故事,讲述总统如何系统性地向该系统中的法官施压以执行其议程,并与其中一位法官探讨了其后果。今天是6月23日,星期二。尼克,欢迎来到我们的节目。
Original English
Michael Barbaro: Throughout his second term, President Trump has been blocked over and over by federal courts. Except that is for a little-known court system that oversees immigration. Today, my colleague, Nicholas Nehamas, brings us the inside story of how the president has systematically pressured the judges in that system to carry out his agenda and speaks with one of those judges about the fallout. It's Tuesday, June 23rd. Nick, welcome to the show.
尼古拉斯·内哈马斯: 谢谢你邀请我。
Original English
Nicholas Nehamas: Thanks for having me.
迈克尔·巴巴罗: 尼克,先谈谈你为什么在这个时刻决定花这么多时间来报道美国移民法院系统的法官们?
Original English
Michael Barbaro: Nick, talk for a moment about why in this moment you decided to spend so much time reporting on the judges of the United States immigration court system.
尼古拉斯·内哈马斯: 嗯,我想当大多数美国人想到特朗普总统的移民打击行动时,脑海中浮现的都是连续几个月占据新闻头条的“震慑”运动。比如联邦探员被派往美国各大城市进行大规模搜捕,并逮捕尽可能多的移民的画面。
Original English
Nicholas Nehamas: Well, I think that when most Americans think about President Trump's immigration crackdown, they picture the shock and awe campaign that dominated the headlines for months. The images of federal agents being sent into US cities to do mass raids and arrest as many immigrants as possible.
迈克尔·巴巴罗: 没错。这引起了极大的愤怒,让整个国家关注了好几周。
Original English
Michael Barbaro: Right. Generated a huge amount of outrage, consumed the country for weeks.
尼古拉斯·内哈马斯: 确实如此。但我们发现,就在这件事吸引了绝大部分注意力的时候,政府还在悄悄地、更加细致地对移民系统一个影响深远的组成部分进行彻底重组。那就是移民法院系统。
Original English
Nicholas Nehamas: Exactly. But what we found is that while that was sucking up most of the attention, the administration was also engaged in a quieter, much more meticulous overhaul of a hugely consequential part of the immigration system. And that's the immigration court system.
迈克尔·巴巴罗: 嗯。
Original English
Michael Barbaro: Mhm.
尼古拉斯·内哈马斯: 这基本上是决定移民命运并可下令将其驱逐出境的程序。
Original English
Nicholas Nehamas: That's basically the process that decides an immigrant's fate and can order them removed from the country.
迈克尔·巴巴罗: 或者决定让他们留在这个国家。
Original English
Michael Barbaro: Or decide to keep them in the country.
尼古拉斯·内哈马斯: 是的,没错。我们的报道表明,特朗普政府重组移民法院系统的策略极其有效,他们基本上把法院,特别是移民法官,变成了他们实现大规模驱逐的首要工具。
Original English
Nicholas Nehamas: Yes, right. And our reporting shows that the Trump administration's strategy for overhauling the immigration court system has been extremely effective, and it's essentially turned the courts and immigration judges in particular into their number one tool for achieving mass deportations.
移民法庭的工作机制
迈克尔·巴巴罗: 嗯。那你能描述一下移民法院系统是如何运作的吗?这或许能解释为什么政府能够如此从根本上改变它,并将其变成大规模驱逐的工具。
Original English
Michael Barbaro: Mhm. Well, just describe the immigration court system and how it works and how that maybe explains why the administration has been able to so fundamentally change it and turn it into an instrument of mass deportation.
尼古拉斯·内哈马斯: 好的。首先,非常重要的一点是要明白,移民法院的运作方式与我们所想的刑事法院完全不同。
Original English
Nicholas Nehamas: Yeah, so first off, it's really important to understand that immigration courts work completely differently than how we think about, say, criminal courts.
尼古拉斯·内哈马斯: 如果你非法入境并被拘留,无论是在国内还是在边境,你都会得到一个出庭日期。在那个日期,你必须出庭移民法院,为自己为什么应该被允许留在美国、为什么符合某种法律保护(如避难)提出申诉。
Original English
Nicholas Nehamas: If you cross the border illegally and you're detained, whether that's inside the country or at the border, you get a court date. And on that date, you have to show up to immigration court and make the case for why you should be allowed to stay in the country, why you qualify for some sort of legal protection like asylum.
迈克尔·巴巴罗: 嗯。
Original English
Michael Barbaro: Mhm.
尼古拉斯·内哈马斯: 而且你不能保证能得到律师。所以,如果你请不起律师,你就只能独自一人出庭,为自己辩护。
Original English
Nicholas Nehamas: And you're not guaranteed a lawyer. So, if you can't afford one, you're there on your own arguing your own case.
迈克尔·巴巴罗: 明白。
Original English
Michael Barbaro: Mhm.
尼古拉斯·内哈马斯: 而你的辩论对手是联邦政府,他们扮演着公诉人的角色,试图把你驱逐出境。这里没有陪审团。因此,监督整个过程、衡量所有证据并对某人是否应被驱逐做出最终决定的人,就是移民法官。
Original English
Nicholas Nehamas: And who you're arguing against is the federal government, which acts as the prosecutor trying to deport you. And there's no jury. So, the person overseeing the whole process, weighing all the evidence, and making the final decision about whether someone should be deported or not is the immigration judge.
迈克尔·巴巴罗: 明白了。
Original English
Michael Barbaro: Mhm.
尼古拉斯·内哈马斯: 这个系统最独特的地方在于,法院和法官并不属于司法分支。他们是行政分支的一部分。所以,虽然他们穿着法官袍,被称为法官,但归根结底,他们是行政部门的雇员,向**司法部长(Attorney General)**汇报,并延伸向总统汇报。
Original English
Nicholas Nehamas: And what's so unique about this system is that the courts and the judges are not part of the judicial branch. They are part of the executive branch. So, although they wear robes, they're called judges, ultimately, they are employees of the executive branch and they report up to the Attorney General and by extension up to the president.
迈克尔·巴巴罗: 这太引人注目了。因为当我们想到联邦法官时,我们往往会想到最高法院法官、上诉法院法官。由于他们在司法分支内拥有终身任命,在设计上被隔离在政治压力之外,基本上是不可解雇的。他们由行政分支任命,但随后在司法分支内独立存在。但你却说,移民法官的情况并非如此。
Original English
Michael Barbaro: Which is fascinating because when we think of federal judges, we tend to think of Supreme Court judges, Appeals Court judges. They are by design isolated from political pressures because they have lifetime appointments within the judicial branch and become essentially unfirable. They get appointed by the executive branch, but then they live outside of it in the judicial branch. But you're saying that's not the case with these immigration judges.
尼古拉斯·内哈马斯: 完全正确。移民法官由司法部长任命,也可以由司法部长解雇。这只是该系统最初在80年代创建时的一个功能设定,它也意味着移民法官在仅根据法律做出决定时的自由度要小得多。
Original English
Nicholas Nehamas: Totally, yeah. Immigration judges are appointed by the Attorney General and they can be fired by the Attorney General. And that's just a function of how this system was initially created in the '80s and what it also means is that immigration judges have a lot less freedom to make their decisions based just on the law.
迈克尔·巴巴罗: 为什么?
Original English
Michael Barbaro: Because?
尼古拉斯·内哈马斯: 因为他们最终必须遵循政府提出的政策。也就是说,他们必须遵守移民法,这没错,但他们解释这些法律的方式必须符合本届政府的政策。
Original English
Nicholas Nehamas: Because they ultimately have to follow the policy that's being put forward by the administration. So, they have to obey immigration laws, yes, but the way they interpret those laws has to follow the administration's policies.
迈克尔·巴巴罗: 明白了。你是指这里面存在一种切实的紧张关系。
Original English
Michael Barbaro: Right. You're saying there's a real tension there.
尼古拉斯·内哈马斯: 确实如此。所以这意味着,取决于谁掌权,他们可以对移民法进行更严格或更宽松、更温和的解释。前几任总统都曾对这一系统施加过巨大影响,但即便如此,也没有哪届政府像特朗普政府那样,将自己的意志强加于移民法院。这真的是前所未有的。
Original English
Nicholas Nehamas: Totally. And so, that can mean, depending on who's in power, they can interpret the immigration laws more strictly or more generously, more loosely. And previous presidents have exerted a lot of influence over this system, but still, no administration has done what President Trump is doing in imposing his will on the immigration courts. It's really been unprecedented.
特朗普政府的系统性施压
迈克尔·巴巴罗: 唔。谈谈这个吧。你在报道中发现了什么?特朗普 2.0 究竟是如何重组这个联邦移民法院系统的?
Original English
Michael Barbaro: Hm. Well, talk about that. What What did you find in your reporting about how exactly Trump 2.0 has overhauled this federal immigration court system?
尼古拉斯·内哈马斯: 我们采访了数十位法官、移民律师、政府官员和寻求庇护者,审查了数百万起案件的数据,我们发现政府对法官施加了极其系统性的压力,迫使他们驱逐更多的人,并且要更快地进行。他们确实试图把这个法庭变成一个驱逐装配线,目前法官在避难案件中批准申请的比例低于 10%,这是我们能够审查的 20 年数据以来的最低水平。
Original English
Nicholas Nehamas: So, we talked to dozens of judges, immigration attorneys, administration officials, asylum seekers, reviewed data on millions of cases, and we found that the administration put really systematic pressure on judges to deport more people and do it faster. They have really tried to turn this court into a deportation assembly line, and judges right now are granting asylum in fewer than 10% of cases, which is the lowest it's it's ever been for the 20 years we could examine data for.
迈克尔·巴巴罗: 这对处于这一系统核心的法官们的生活和工作带来了多大的改变?
Original English
Michael Barbaro: And just how much has this changed the lives and the work of the judges who are in the middle of this system?
尼古拉斯·内哈马斯: 这彻底颠覆了法官在法庭上的运作方式。现在,不幸的是,在任法官不能接受我们的正式采访,因为他们是司法部的雇员。但我们确实找到了一位法官,由于她的特殊情况,她能够接受我们的正式采访,把她的经历公之于众。
Original English
Nicholas Nehamas: So, this has completely upended the way judges operate in their courtrooms. Now, unfortunately, the judges can't talk to us on the record because they're employees of the Justice Department, but we did find one judge who, because of her unique situation, was able to speak with us on the record and put her experiences out there.
尼古拉斯·内哈马斯: 你好,霍莉。
Original English
Nicholas Nehamas: Hi, Holly.
霍莉·迪安德里亚: 你好。
Original English
Holly DeAndrea: Hi.
尼古拉斯·内哈马斯: 很高兴再次见到你。
Original English
Nicholas Nehamas: Nice to see you again.
霍莉·迪安德里亚: 你好,也很高兴见到你。
Original English
Holly DeAndrea: Hi, good to see you, too.
尼古拉斯·内哈马斯: 她是霍莉·迪安德里亚法官,在德克萨斯州的一家移民法院审理案件。她同时也是**全国移民法官协会(National Association of Immigration Judges)**的主席,该协会是代表这些法官的工会,她是仅以该身份与我们交谈的。
Original English
Nicholas Nehamas: She is Judge Holly DeAndre, and she hears cases at an immigration court in Texas. She is also the president of the National Association of Immigration Judges, which is a labor union that represents these judges, and she was able to speak to us in that capacity.
迈克尔·巴巴罗: 嗯,你找到了一个变通办法。
Original English
Michael Barbaro: Hm. You found a workaround.
尼古拉斯·内哈马斯: 是的。
Original English
Nicholas Nehamas: We did.
霍莉·迪安德里亚: 通常你很少能听到法官的声音,尽管他们最终是移民法和移民系统运行的真正专家,除非法官被解雇,或者恰好担任全国移民法官协会主席。我今天仅以该身份发言。我所说的任何话……
Original English
Holly DeAndrea: You don't hear from the judges who are ultimately the experts in immigration law and what's going on in the immigration system very often unless the judge is fired or happen to be the president of the National Association of Immigration Judges. And I'm speaking today in that capacity in that capacity only. Nothing that I say
迈克尔·巴巴罗: 那告诉我关于这位法官的故事,以及她向你讲述了什么。
Original English
Michael Barbaro: So tell me about this judge and the story that she tells you.
尼古拉斯·内哈马斯: 她有一个非常有趣的视角,这要从她成为移民法官很久以前说起。
Original English
Nicholas Nehamas: So she has a really interesting perspective on all this which started long before she became an immigration judge.
一位移民法官的职业轨迹
霍莉·迪安德里亚: 在成为移民法官之前,我是一名联邦检察官。我之所以成为联邦检察官,主要是因为我在俄克拉荷马城长大,俄克拉荷马城爆炸案以及后来的911事件对我触动极深,我真的很想保护我的国家免受任何可能伤害它的人的侵害。如果移民系统运行不畅,就会在系统里撕开一个口子,给国家安全带来隐患。
Original English
Holly DeAndrea: Before becoming an immigration judge, I was a federal prosecutor. And the reason I'd become a federal prosecutor was pretty much because I'd grown up in Oklahoma City and I was very moved by the Oklahoma City bombing and then 9/11 and I really wanted to keep my country safe from all those who might hurt it. And if the immigration system doesn't work well, it opens a hole in the system to allow for national security issues.
尼古拉斯·内哈马斯: 她成为西南边境的联邦检察官,真正见识到了移民丑陋的一面。
Original English
Nicholas Nehamas: She becomes a federal prosecutor on the Southwest border and really sees the ugly side of immigration.
霍莉·迪安德里亚: 调查走私组织,起诉非法入境的人。
Original English
Holly DeAndrea: investigated smuggling organizations. I prosecuted people for being here illegally.
尼古拉斯·内哈马斯: 奥巴马执政期间,当成千上万无监护人的儿童出现在边境并向边境巡逻队自首时,她正在边境工作。
Original English
Nicholas Nehamas: And she is working on the border during the Obama years when thousands of unaccompanied children were showing up and turning themselves over to border patrol.
霍莉·迪安德里亚: 我还记得有一天走进边境巡逻站,看到边境巡逻人员拿着奶瓶,陪着孩子们看迪士尼电影。
Original English
Holly DeAndrea: And I remember walking into the border patrol station one day and seeing border patrol sitting there with baby bottles and watching Disney movies with the kids.
尼古拉斯·内哈马斯: 她看到人们既在剥削这个系统,也在被这个系统剥削。所以基本上她断定,仅仅起诉案件是不够的。
Original English
Nicholas Nehamas: And she's seeing people both exploit the system and be exploited by it. So basically she decides that prosecuting cases isn't enough.
霍莉·迪安德里亚: 我最终成为了一名移民法官,因为还有什么别的工作,能真正为了美国的利益而承载起整个世界的重量呢?
Original English
Holly DeAndrea: And I ultimately became an immigration judge because what other job really carries the weight of the world for the favor of the United States?
尼古拉斯·内哈马斯: 她希望成为那个做出最终决定的人,决定谁可以留下,谁必须离开美国。
Original English
Nicholas Nehamas: That she wants to be the one who makes the final decision about who gets to stay and who has to leave the United States.
霍莉·迪安德里亚: 你字面意义上地倾听来自世界各地的人们的故事,以决定谁将成为我们的邻居,谁将成为你的同事,谁不被允许来到美国,以及谁是来伤害美国的。这既是一个国家安全问题,也是一个定义我们作为美国人到底是谁的事情。我认为参与并能够做到这一点是一件很美丽的事情。
Original English
Holly DeAndrea: You literally listen to the stories of people from all over the world to determine who will be our neighbors and who is going to be your co-worker and who is not going to be able to come to the United States and who is here to harm the United States. You know, it's both there as a national security issue and also something that defines who we are as Americans and I think that's a beautiful thing to be involved in and being able to do so.
尼古拉斯·内哈马斯: 在特朗普的第一任期内,她得到了这个机会,当时特朗普的司法部看到了她起诉边境案件的工作成绩,任命她为移民法官。
Original English
Nicholas Nehamas: And she gets that chance in Trump's first term when his Justice Department sees the work she's done prosecuting cases on the border and appoints her to be an immigration judge.
迈克尔·巴巴罗: 一旦进入这个系统,她发现了什么?
Original English
Michael Barbaro: And what does she find once she is now inside the system?
尼古拉斯·内哈马斯: 她发现这个系统正面临着数量惊人的案件积压。当时有大量的移民越过边境声称需要庇护,数量之多以至于法官们很难应付。
Original English
Nicholas Nehamas: So, she finds a system that's facing just an extraordinary backlog of cases. At that time, there was a huge number of migrants crossing the border and claiming asylum. So, many that it really made it difficult for judges to keep up.
霍莉·迪安德里亚: 例如,为了获得避难权,你必须证明有人受到了迫害。
Original English
Holly DeAndrea: So, like for asylum, you have to show that somebody's been persecuted.
尼古拉斯·内哈马斯: 而且最重要的是,这些案件并不是非黑即白的。要根据美国移民法获得避难资格,你必须符合一套非常具体的标准。
Original English
Nicholas Nehamas: And on top of that, these cases are not cut and dry. To qualify for asylum under US immigration law, you have to meet a very specific set of criteria.
霍莉·迪安德里亚: 也许需要比如另一个国家正在发生种族灭绝的证据,或者一个国家饱受战争摧残的证据,然后像……
Original English
Holly DeAndrea: Maybe like proof of genocide going on in another country or proof of a country being war-torn and then like
尼古拉斯·内哈马斯: 虽然来到这些法官面前的一些人符合这一标准,但大多数人不符合。许多人是为了寻求经济机会而来,但他们申请庇护,因为这基本上是他们留在美国的最好机会。
Original English
Nicholas Nehamas: And while some of the people coming before these judges meet that criteria, most do not. Many people are coming for economic opportunity, but they're claiming asylum because that's pretty much their best shot at getting to stay in the US.
迈克尔·巴巴罗: 明白。
Original English
Michael Barbaro: Right.
尼古拉斯·内哈马斯: 因此,听取所有这些申诉的过程需要非常长的时间。
Original English
Nicholas Nehamas: So, the process of hearing all those claims takes a really long time.
霍莉·迪安德里亚: 在美国,有些法官的待审案件甚至达到了每位法官1.2万起之多。这是一个天文数字。如果你有1.2万个案件排队,那你可能要把案子安排到5年、10年之后审理了。如果……
Original English
Holly DeAndrea: Some judges in the United States have dockets an upwards of 12,000 cases per judge. So, that's an astronomical amount of cases. If you've got 12,000 cases set, then you're going to be setting cases out 5, 10 years from now. If
从奥巴马到拜登:政策的政治“秋千”
尼古拉斯·内哈马斯: 这就是她成为移民法庭法官时的背景。整个系统不堪重负,案件严重积压。当然,任命她的特朗普政府当时承诺要整顿这个系统。
Original English
Nicholas Nehamas: So, this is the context in which she's becoming an immigration court judge. The system is overwhelmed, it's backlogged, and of course President Trump, whose administration appoints her, is promising it's going to clean this system up.
尼古拉斯·内哈马斯: 是的,政府确实采取了一系列激进的措施来阻止非法移民。比如家庭分裂政策、旅行禁令等。
Original English
Nicholas Nehamas: Yeah, and the administration did take a series of drastic steps to stop illegal immigration. You had family separation, travel bans.
迈克尔·巴巴罗: 没错。
Original English
Michael Barbaro: Right.
霍莉·迪安德里亚: 显然当时有非常强力的执法。唐纳德·特朗普以强力执法而广为人知。
Original English
Holly DeAndrea: Well, obviously there was very strong enforcement. Donald Trump is very well known for strong enforcement.
尼古拉斯·内哈马斯: 但当涉及到移民法庭时,他们实际上并没有对运作方式做出太大改变。
Original English
Nicholas Nehamas: it came to the immigration courts, they actually really didn't change all that much about how they were operating.
霍莉·迪安德里亚: 针对被拘留者,我想当时重点是打击进入该国的犯罪移民。
Original English
Holly DeAndrea: detained, there was a focus, I think, on criminal immigrants coming into the country.
尼古拉斯·内哈马斯: 确实有一些转变,但对于共和党政府来说,这些都算比较标准,例如,在谁应该获得避难权的问题上审查更加严格。对于迪安德里亚法官来说,这非常合乎逻辑。她向我描述自己拥有保守的司法哲学。
Original English
Nicholas Nehamas: There were some shifts, but they were kind of standard for a Republican administration, you know, being more critical about who should get asylum. And for Judge DeAndrea, that made a lot of sense to her. She described herself to me as having a conservative judicial philosophy.
霍莉·迪安德里亚: 在唐纳德·特朗普之前,整个移民系统的优先级较低。而当他上任后,移民实际上成为了国家的首要任务之一。这在当时也许是必要的。
Original English
Holly DeAndrea: Prior to Donald Trump, the entire immigration system was a lower priority, and when he came into office, it actually became one of the top priorities for the nation. And that may have been necessary at the time.
迈克尔·巴巴罗: 那么,当乔·拜登上任后,情况发生了什么变化?
Original English
Michael Barbaro: And so, how did that change when Joe Biden took office?
霍莉·迪安德里亚: 嗯,当拜登上台后,显然带来了一个截然相反的政策基础,从强力执法转变为对移民法的更宽松执行。额……
Original English
Holly DeAndrea: Well, when Biden took office, obviously there was a polar opposite policy base that came in from the stronger enforcement to a more lenient enforcement of the immigration laws. Um
尼古拉斯·内哈马斯: 特朗普卸任,拜登上台,事情完全变了。
Original English
Nicholas Nehamas: But then Trump leaves office, Biden comes in, and things totally change.
霍莉·迪安德里亚: 就像每隔四年,移民法庭都会根据当时执政的行政长官的政治倾向,经历一场政治上的剧烈摇摆。
Original English
Holly DeAndrea: Like this is a whipsaw by politics in the immigration courts every 4 years based on the politics of whichever executive is in office at the time.
尼古拉斯·内哈马斯: 当时的重点更多地放在解释法律上,以允许向提出申请的移民授予避难权。
Original English
Nicholas Nehamas: The emphasis was much more on interpreting the law to grant asylum to people who were asking for it.
霍莉·迪安德里亚: 宽泛地说,信息是要更加宽容,但你仍然受法律的约束。但我可以说,在前一届(拜登)政府下,法官确实面临着要更加宽容、批准更多案件而不是频繁拒绝案件的压力。
Original English
Holly DeAndrea: Broadly, the message was to be more lenient, but you're still bound by the law, but I can say that under the prior administration, there was more pressure on the judges to be more lenient and to grant more as opposed to deny the cases as often.
迈克尔·巴巴罗: 明白了。所以,我的意思是,这听起来确实存在来自上面的、要求批准避难的压力。
Original English
Michael Barbaro: Right. So, I mean, it sounds like there was a a pressure from above to grant asylum.
霍莉·迪安德里亚: 是的。确实有来自上面的压力要求批准案件,这就像是你感受到一种要求批准更多案件的软性压力。
Original English
Holly DeAndrea: Yeah. There was a pressure from above to grant asylum. It was like you're kind of soft pressured to grant more cases.
迈克尔·巴巴罗: 这种软性压力看起来是什么样的?比如,有什么软压力的例子吗?你如何感受到的?
Original English
Michael Barbaro: What did that soft pressure look like? Like, what's an example of of soft pressure? How did you feel it?
霍莉·迪安德里亚: 怎么感觉到的?我的意思是,你就是能感觉到。
Original English
Holly DeAndrea: How did I feel it? I mean, you just feel it.
尼古拉斯·内哈马斯: 而且,你知道,迪安德里亚法官所描述的这种软性压力,实际上在数据中得到了印证,因为我们对这一时期的所有庇护申诉进行了数据分析。我们发现,拜登执政期间的避难批准率明显高于特朗普第一任期。
Original English
Nicholas Nehamas: And so, you know, that soft pressure that Judge Di'Andre describes, it it does actually seem to bear out in the numbers because we ran a data analysis of all asylum claims during this time. And what we found is that asylum was being granted at a much higher rate during Biden than it had been during Trump 1.
迈克尔·巴巴罗: 嗯。
Original English
Michael Barbaro: Mhm.
尼古拉斯·内哈马斯: 在特朗普第一任期内,可能每三个人中只有一人获得庇护。而在拜登时期,这一比例上升到了大约每两个人中就有一人。
Original English
Nicholas Nehamas: Under Trump 1, maybe one in three people were getting asylum. Under Biden, that crept up to more like one in two.
迈克尔·巴巴罗: 哇。所以,在拜登总统治下,向这些法官寻求避难的移民中大约有50%获得了批准,这确实是一个非常庞大的比例。
Original English
Michael Barbaro: Wow. So, under President Biden, something like 50% of immigrants seeking asylum before these judges are being granted that asylum, which is a pretty substantial number.
尼古拉斯·内哈马斯: 是的,的确如此。
Original English
Nicholas Nehamas: Yeah, it is.
特朗普2.0:前所未有的大规模清洗
迈克尔·巴巴罗: 所以,尼克,当特朗普总统重新赢得总统宝座时,我可以想象对于这位法官来说,又到了剧烈摇摆的时刻,只是这次的方向相反,转向了不宽容。
Original English
Michael Barbaro: So, Nick, when President Trump wins back the presidency, I have to imagine for this judge, it's whipsaw time all over again, but now it's headed back in the other direction, away from leniency.
尼古拉斯·内哈马斯: 确实。她原本预料到了典型的政治反复。
Original English
Nicholas Nehamas: Exactly. She expected the typical back and forth.
霍莉·迪安德里亚: 我认为大家都想当然地以为我们可能会回到特朗普1.0时期的状态。很多法官也是这样想的。
Original English
Holly DeAndrea: I think that everybody just assumed we would probably go back to Trump 1, and a lot of judges actually
霍莉·迪安德里亚: 现在我们正从民主党转回共和党。政策将会改变,将会变得像特朗普1.0时期那样。
Original English
Holly DeAndrea: Now we're going from a Democrat back to a Republican. The policies are going to change. It's going to be how it was during Trump 1.
霍莉·迪安德里亚: 所以我们知道政策的走向,并且我们就像往常一样进行了调整。说实话,在前两个月我们基本上猜对了。
Original English
Holly DeAndrea: And so, we knew where the policies were going, and we just adjusted like we would normally do. And honestly, we were pretty much right for the first couple months
尼古拉斯·内哈马斯: 但很快她就发现,事实并非如此。当她周围的法官开始纷纷被解雇时,这一事实变得清晰起来。
Original English
Nicholas Nehamas: But very quickly she found that that was not the case. And the moment that became clear to her was when judges all around her started being fired.
霍莉·迪安德里亚: 所以我想很多法官都觉得,哦,我们是移民系统的一部分,我们有320万起积压案。他们为什么要解雇我们中的任何人?他们需要我们所有人,对吧?然而,我们错了。
Original English
Holly DeAndrea: So I think a lot of the judges thought like, oh, we're a part of immigration. We have a 3.2 million case backlog. Why would they fire any of us? They need us all, right? Well, we were wrong.
迈克尔·巴巴罗: 我们马上回来。
Original English
Michael Barbaro: We'll be right back.
迈克尔·巴巴罗: 尼克,跟我们说说这些解雇潮,以及迪安德里亚法官是如何经历这一切的。
Original English
Michael Barbaro: So Nick, tell us about these firings and about how Judge DeAndrea experiences them.
尼古拉斯·内哈马斯: 解雇始于法院高层的人员。
Original English
Nicholas Nehamas: The firing started with the people at the top of the courts.
霍莉·迪安德里亚: 第一批被解雇的是高层。我想当时大多数人的反应是,好吧,那可是主管和首席法官。
Original English
Holly DeAndrea: Well, the first firings were of the higher-ups. And I think most of the people at that time were kind of like, well, it's the director and the chief judge. Like
霍莉·迪安德里亚: 这类人是组织里职位最高的人。新一届政府上台后,调整这些人并不罕见。
Original English
Holly DeAndrea: like that's kind of your highest people in the organization. It's not really unusual for a president
尼古拉斯·内哈马斯: 考虑到新政府的上台,这确实不是完全没有预料到。
Original English
Nicholas Nehamas: Which wasn't totally unexpected with a new administration coming in.
霍莉·迪安德里亚: 但我认为当 Tanya Neimer 被解雇时,法官们开始感到害怕了。
Original English
Holly DeAndrea: But I think judges started to get scared when Tanya Neimer was fired.
尼古拉斯·内哈马斯: 因为随后,一名普通的一线法官被解雇了。
Original English
Nicholas Nehamas: But then a rank and file judge got fired.
霍莉·迪安德里亚: 在那个节点上,我认为我们仍然在试图找出其中的合理逻辑。但紧接着,我们也目睹了这件事……
Original English
Holly DeAndrea: You know, at that point, I think we were still trying to reason through things. But we saw this also
尼古拉斯·内哈马斯: 接下来,更多的一线法官被解雇了。
Original English
Nicholas Nehamas: And then more rank and file judges got fired.
霍莉·迪安德里亚: 面对这第一次大规模解雇,我想所有人的反应都是:刚刚发生了什么?
Original English
Holly DeAndrea: The first mass firing, I think everyone was like, what just happened?
尼古拉斯·内哈马斯: 一线法官接连被解雇。
Original English
Nicholas Nehamas: And more rank and file judges got fired.
霍莉·迪安德里亚: 只有震惊。你知道,就是那种……
Original English
Holly DeAndrea: Just like shock. You know, like
尼古拉斯·内哈马斯: 紧接着,这突然演变成了一场五级大火般的紧急危机。
Original English
Nicholas Nehamas: And that suddenly started to seem like a five-alarm fire.
尼古拉斯·内哈马斯: 在那之后,几乎每隔几周,我们就会得到法官被大规模解雇的消息。一次解雇六个、七个、八个、九个、十个法官。许多法官甚至是突然在一天的工作中途被带离法庭。他们被锁在电脑系统之外,甚至无法获得……
Original English
Nicholas Nehamas: And then after that, it was like every couple weeks we were getting mass firings of judges. Six, seven, eight, nine, 10 judges at a time. And a lot of those judges were like walked off the bench in the middle of the day. So, they were locked out of the computer systems, so they couldn't get the
尼古拉斯·内哈马斯: 其中的一些法官告诉我们,当他们正在法庭上做出裁决时,他们被告知被解雇了,不得不当庭告知律师和当事人,他们无法完成该案的审理,因为他们被告知他们已不再是移民法官。
Original English
Nicholas Nehamas: Some of these judges told us that they were fired while they were making decisions from the bench and had to tell the lawyers and the respondents that they couldn't finish the case because they had been told they were no longer an immigration judge.
迈克尔·巴巴罗: 哇。你以前见过这种规模的大规模解雇吗?
Original English
Michael Barbaro: Wow. Had you ever seen this kind of mass firing before?
霍莉·迪安德里亚: 没有。我认为现在的总人数已经达到了115名法官。
Original English
Holly DeAndrea: No. And I think the total number now, I think we're at 115 total judges.
尼古拉斯·内哈马斯: 也就是说,本届政府总共解雇了大约15%的法官,而这甚至还不包括那些因为看到了不祥之兆而主动辞职或退休的人。
Original English
Nicholas Nehamas: So, in total about 15% of judges have been fired by this administration and that's not even counting the ones who quit or retired because they saw the writing on the wall.
迈克尔·巴巴罗: 那么,你的调查结果是什么?法官本人又是怎么理解的?为什么政府要解雇所有这些一线法官?因为这似乎与特朗普政府想要在系统里驱逐更多移民的宏大目标相矛盾。
Original English
Michael Barbaro: Well, what did you find out and what did the judge come to understand about why the administration was firing all these rank and file judges because it would seem at odds with the larger goal of the Trump administration to get more migrants deported in the system.
尼古拉斯·内哈马斯: 政府从未解释为什么要解雇这些法官,但移民法庭的最高官员发出了一份备忘录,告诉法官们,政府注意到他们中的一些人容忍了偏见,并引述称这种偏见是“偏袒外来者,反对政府”。法官们显然把这当成一个信号:如果他们做出了不利于政府的判决,他们可能会受到惩处。
Original English
Nicholas Nehamas: The administration never explained why it was firing these judges, but the top official in the immigration court sends out a memo telling judges essentially that it's come to the administration's attention that some of them are tolerating bias, quote, in favor of an alien and against the government. And judges clearly take that as a sign that they could be disciplined if they rule against the government.
霍莉·迪安德里亚: 我认为法官们害怕失去工作。现在,他们不再只是审视政策和法律,而是必须非常非常仔细地权衡每件事,因为他们害怕如果因为当事人提供了更多证据而在案件中稍微偏向当事人一点,他们就会被解雇。甚至可能仅仅是要求国土安全部(DHS)就某事提交一份陈述书,都可能被认为带有偏见。这也可能是……
Original English
Holly DeAndrea: I think that the judges are fearful for their jobs. You know, so now, instead of you know, looking at the policy and just looking at the law, they're weighing things very, very carefully because they're they're scared that if they accidentally favor the respondent a little bit in a case because the respondent provided more evidence or something that they're going to get fired. Or um even so much as asking DHS to file a brief on something could be you know maybe be considered as bias. And and maybe
尼古拉斯·内哈马斯: 突然之间,她和她的同事们感觉自己背后被贴上了靶子,除非他们按照政府的意图——驱逐越来越多的人——行事,否则他们就会失去工作。
Original English
Nicholas Nehamas: Suddenly it felt like she and her colleagues had targets on their back where they would lose their jobs unless they did what the administration wanted, which was to deport more and more people.
霍莉·迪安德里亚: 每一天,法官的头上都悬着一把利剑,你随时都可能被解雇。
Original English
Holly DeAndrea: every single day there is kind of this like looming you could be fired at any time hanging over judges.
尼古拉斯·内哈马斯: 我们的数据分析发现,这些解雇遵循着一种规律。许多被解雇的法官是由民主党人任命的。
Original English
Nicholas Nehamas: And our data analysis found that the firings followed a pattern. Many of these judges had been appointed by Democrats.
迈克尔·巴巴罗: 嗯。
Original English
Michael Barbaro: Mhm.
尼古拉斯·内哈马斯: 许多人此前曾作为移民律师,在移民法庭中代表移民维权。与保住工作的法官相比,许多被解雇法官的庇护批准率更高。
Original English
Nicholas Nehamas: Many had previously worked as immigration attorneys representing immigrants in immigration court. Many had higher rates of granting asylum than judges who kept their jobs.
“驱逐装配线”与不切实际的指标
迈克尔·巴巴罗: 尼克,我想在这个问题上稍微停留一下,因为你们自己的数据表明,在拜登执政期间,法官批准避难的比例更高。因此,特朗普政府纠正这一点,难道不是完全属于他们的职权范围吗?
Original English
Michael Barbaro: Nick, I want to linger on that for just a moment because your own data suggests that judges were granting asylum at a higher rate under Biden. So, isn't it well within the Trump administration's right to correct for that?
尼古拉斯·内哈马斯: 嗯,是的。这正是特朗普政府的说法。他们认为这些法官让太多的移民留在了国内,并指责法官没有按照条文严格执行移民法。需要明确的是,拜登政府在其执政期间也解雇了一些移民法官,大约是六名左右。
Original English
Nicholas Nehamas: Well, yeah. And that's exactly what the Trump administration says. They believe these judges were essentially letting too many immigrants stay in the country and they accuse them of not following immigration law as it was written. And to be clear, the Biden administration also fired some immigration judges, about six or so during his presidency.
迈克尔·巴巴罗: 所以比亚历山大·特朗普时期少得多。
Original English
Michael Barbaro: So far, far fewer than Trump.
尼古拉斯·内哈马斯: 少得多。对迪安德里亚法官来说,这些解雇代表了施加在移民法官身上的一种全新水平的压力,是她从未见过的。在前几任政府中,你描述了法官们感受到的“软性压力”。那特朗普施加的压力是太软了,还是别的什么?
Original English
Nicholas Nehamas: Far fewer. And and to Judge Deandrea, these firings represent a new level of pressure being put on immigration judges that she's just never seen before. You know, in previous administrations you described a soft pressure that judges felt. Is is the pressure on Trump too soft or is it something else?
霍莉·迪安德里亚: 嗯,我的意思是,当你面临可能丢掉工作的风险时,那就不再是软性压力了。这对每位法官来说都是更强大的压力,因为根据他们审理面前案件的方式,他们的生计正面临风险。
Original English
Holly DeAndrea: Well, I mean, when you're looking at losing your job, that's no longer soft pressure. That's a much stronger pressure on each of the judges because their livelihood is at risk based on how they decide the case that's sitting in front of them.
迈克尔·巴巴罗: 除了这些解雇和它们带来的压力之外,特朗普2.0政府还有什么让迪安德里亚法官特别瞩目的做法吗?
Original English
Michael Barbaro: Beyond these firings and and the pressure that that brings to bear, is there anything else the administration is doing Trump 2.0 that stands out to Judge DeAndrea?
尼古拉斯·内哈马斯: 政府官员在这个问题上毫不掩饰他们想要什么。
Original English
Nicholas Nehamas: Administration officials are not being subtle about what they want.
尼古拉斯·内哈马斯: 这些法官的工作节奏本就已经非常快,但要求他们移动得更快的压力还在不断增长、增长、再增长。
Original English
Nicholas Nehamas: These judges already work very quickly, but the pressure to move even faster grows and grows and grows.
霍莉·迪安德里亚: 他们要求某些法官每天必须审理一定数量的案件。在理论上,这听起来不错,但如果你碰上一个非常复杂的避难案件,它需要整整4个小时的审理时间。然后你后面还排着另一个避难案件,又需要另外的4个小时。这已经是你一整天的工作时间了,而你仅仅处理了两个案件。所以,当……
Original English
Holly DeAndrea: They've required certain judges to hear certain amount of cases each day, which is I mean, in theory it sounds good, but if you have a really complex asylum case, it's going to take a full 4 hours. You know, and then you have another asylum case stacked right after that that's going to take another 4 hours. That's your entire day and that's two cases. Um so, when
尼古拉斯·内哈马斯: 政府开始设定迪安德里亚法官认为极不现实的办案负荷。
Original English
Nicholas Nehamas: The administration starts to set case loads that Judge DeAndrea says are unrealistic.
霍莉·迪安德里亚: 所以,当你要求一个法官在一天内审理五个案件时,你等于是在要求法官仓促审结一堆避难案件,而不充分听取全部证词,或者只是草草过一遍证据。这非常困难。事实上,我与一些法官聊过,他们每天工作14个小时,甚至周末加班,才能勉强达到准备案件的最低要求。这给他们个人甚至他们的家庭带来了极大的精神消耗。
Original English
Holly DeAndrea: So, when you're saying that a judge has to hear five cases in a day, you're asking a judge to rush through a bunch of asylum cases without fully hearing the entire testimony or skirting through the evidence quickly. It's very difficult. In fact, I've talked to some judges who are working, you know, 14-hour days and on weekends to just be able to meet the minimal requirements to prepare for their cases. And it's taking a real mental toll on them and even with their families.
迈克尔·巴巴罗: 如果移民法官一整天都在法庭上开庭,那你什么时候写判决书呢?
Original English
Michael Barbaro: Well, it's so if if immigration judges are hearing cases on the bench all day, when do you write your decisions and that kind of stuff?
霍莉·迪安德里亚: 额,午餐时间。
Original English
Holly DeAndrea: Um lunchtime.
迈克尔·巴巴罗: (笑)
Original English
Michael Barbaro: [laughter]
霍莉·迪安德里亚: 午餐时间,或者出庭前的30分钟。
Original English
Holly DeAndrea: Lunchtime or before or or you know, the 30 minutes before you go into the court.
尼古拉斯·内哈马斯: 而且我的同事在他们后续的一些报道中发现,政府有时甚至在法官的一天日程表上排入多达 100 场聆讯。
Original English
Nicholas Nehamas: And what my colleagues have found in some of their follow-up reporting is that the administration is actually sometimes putting as many as 100 hearings on a judge's calendar per day.
迈克尔·巴巴罗: 这根本不切实际。
Original English
Michael Barbaro: Which is not practical.
尼古拉斯·内哈马斯: 是的。这样做的目的基本上是“用人海战术淹没防线”,让法官不得不以极快的速度移动,以至于他们直接发出驱逐令。原因可能是因为移民没有被提前通知有聆讯发生,因而没有出庭,或者他们没有律师,无法为自己进行合理辩护。因此,这种新做法引发了关于正当程序以及政府是否在试图规避它的各种疑问。
Original English
Nicholas Nehamas: Yeah. And the idea is basically that you flood the zone and a judge has to move so quickly that they're ordering deportations, perhaps because the immigrant hasn't been given a heads-up on the fact that the hearing is happening and they don't show up. Or that they don't have a lawyer and can't properly defend themselves. And so this new practice raises all sorts of question about due process and whether the administration is moving to circumvent it.
“驱逐法官”的招募与培训缩水
迈克尔·巴巴罗: 所以,这里传递出来的信息非常明确:不要被抓到手软,不要被抓到动作慢。要在更短时间内驱逐更多的人。在面对政府要求这些法官处理的如此海量案卷时,这似乎成了自然而然的默认选择。但是,在因为清洗导致法官人数大减的情况下,法官们该怎么做到这一点?
Original English
Michael Barbaro: So the message, quite clearly, is don't be caught being lenient. Don't be caught being slow. Deport more people more quickly, which when you're being faced with the number of cases that the administration is asking these judges to handle would seem to be the natural default. But how are these judges supposed to do this with so many fewer of them on the bench because of the firings?
尼古拉斯·内哈马斯: 嗯,这成了一个巨大的挑战。因此,政府开始招募数十名新法官。
Original English
Nicholas Nehamas: Well, it it's become a real challenge. And so the administration starts hiring dozens and dozens of new judges.
霍莉·迪安德里亚: 许多新入职的法官并没有移民法的背景,特别是……
Original English
Holly DeAndrea: Well, a lot of the new judges have not had an immigration law background. In particular.
尼古拉斯·内哈马斯: 而且对于其中许多人来说,他们没有太多移民法方面的经验。律师们认为,移民法是一个极其复杂的专业领域。
Original English
Nicholas Nehamas: And for a lot of these judges, they don't have a ton of experience with immigration law, which lawyers say is a really complicated area of practice.
霍莉·迪安德里亚: 他们登出了一则招聘广告,实际上我们一开始还以为是个笑话。我甚至发了一封邮件,因为有人以为那是别人为了招法官而建的垃圾页面。但事实证明这不是笑话,那是真的。
Original English
Holly DeAndrea: They put out an ad and actually we thought it was a joke at first. I actually sent an email out because someone thought they had made a spam page to hire judges. Um but they didn't. It was real.
尼古拉斯·内哈马斯: 在招募这些职位时,政府甚至登出广告,特别指明他们正在寻找并招聘所谓的“驱逐法官(Deportation Judges)”。
Original English
Nicholas Nehamas: In hiring for these roles, the administration actually put out an ad specifically saying they were looking to hire, quote, deportation judges.
迈克尔·巴巴罗: 一点儿都不遮掩。我的意思是,直接字面上修改了工作的定义。
Original English
Michael Barbaro: Not subtle. I mean, literally changing the definition of the job.
尼古拉斯·内哈马斯: 确实非常赤裸。对迪安德里亚法官来说,这种对职位的新定义以及新法官的经验匮乏是一个重大隐患,因为这可能会导致糟糕的判决和更坏的后果。
Original English
Nicholas Nehamas: It's very in your face. And for Judge DeAndre, that new definition of the job and the lack of experience of these new judges are a problem because it could lead to bad rulings and worse outcomes.
霍莉·迪安德里亚: 任何人最终都是能够学会某样技能的。但这就好比把一个儿科医生直接扔进普外科手术室。那个人最终也许能够学会他们该做什么,他们拥有学习所需的基本技能。但是,在这个学习的过程中,会有很多人死掉。现在这并不是在评价刚刚招聘上来的那些人,我不知道他们是不是好法官。我们对他们还一无所知。但是,关于培训确实存在令人担忧的情况:他们缩减了法官真正出庭审理案件之前所需的培训时间。
Original English
Holly DeAndrea: Anybody is able to eventually learn something. But it's kind of like taking a pediatrician and throwing them into general surgery. That person is going to eventually maybe learn what they do. They have the basic skill set to learn what they're doing. But like, you know, a lot of people are going to die in the process while they learn what they're doing. Now, that's not to say that any of these people that have just been hired, I don't know if they're good judges or not. We don't know anything about them yet. But, you know, there are concerns about training. They've cut the amount of training that judges have before they actually take the bench.
迈克尔·巴巴罗: 哇。所以,延续你提到的这个医生的类比,这听起来你是在暗示,当这些新法官摸索适应的时候,对来到他们面前的移民会有真实的影响。
Original English
Michael Barbaro: Wow. So, I mean, extending the, you know, the doctor analogy you made, it sounds like you're suggesting there could be a real impact on the immigrants coming before those new judges as they get up to speed.
霍莉·迪安德里亚: 对。我是说……
Original English
Holly DeAndrea: Right. I mean,
尼古拉斯·内哈马斯: 在她看来,在特朗普第二任期内发生的这些改变,对每一个参与其中的人——包括法官和移民——都是极其糟糕的。
Original English
Nicholas Nehamas: She sees the changes that are happening during the second Trump administration as really bad for everyone involved, judges and immigrants.
霍莉·迪安德里亚: 就偏见而言,你不希望任何有偏见的人偏向驱逐,正如你不希望有人有偏见偏向批准一样。你知道,这只是表明了政策的倾向是什么。比如:我们希望你把人驱逐出去。这就传递了这样一个明确的信号。
Original English
Holly DeAndrea: As far as bias goes, you don't want to anybody who's biased to deport any more than you want somebody who's biased to grant. And you know, it's it just kind of puts out there what the emphasis is on. Like, we want you to deport people. Like, it it's sending that message.
自我驱逐与法理权力博弈
迈克尔·巴巴罗: 所以,特朗普政府在第二任期内,通过这些举措,使得获得避难批准的案件比例下降到了10%左右。而你之前提到,在拜登政府初期,这个比例曾高达大约50%。
Original English
Michael Barbaro: So, this is how the Trump administration in its second term, it would seem, gets the percentage of asylum cases granted down to something like 10%, which you mentioned earlier from a high of I think something like 50% at the beginning of the Biden administration.
尼古拉斯·内哈马斯: 是的,而且最重要的是,特朗普政府将大量的人关押在拘留中心,而在前几任政府中,这些人本可以被释放,并在庭外等待案件结果。人们因此渐渐放弃了。
Original English
Nicholas Nehamas: Yeah, and on top of that, the Trump administration is locking up so many people in detention centers, people who in previous administrations would have been free to wait their cases out on the outside. People are just giving up.
霍莉·迪安德里亚: 没有人愿意被关押在像监狱一样的环境里。他们绝对不想被关上几年甚至更久,去等待案件聆讯。这里面存在正当程序的问题。因此,我认为人们会觉得这太令人沮丧了,所以直接选择离开。
Original English
Holly DeAndrea: Nobody wants to be detained in a prison-like setting. They definitely don't want to be detained for years and years it might take, you know, for some people to hear their cases. There's been due process issues with that. And so I think that people are like this is frustrating and so I'm just going to leave.
迈克尔·巴巴罗: 他们是在“自我驱逐”。
Original English
Michael Barbaro: They're deporting themselves.
尼古拉斯·内哈马斯: 他们是在自我驱逐。
Original English
Nicholas Nehamas: They're deporting themselves.
迈克尔·巴巴罗: 至少对我而言,这看起来是一个我们听众所熟悉的故事。特朗普总统及其周围的人在第二任期内发现,法律系统允许他们施加比任何人所意识到的要大得多的权力。而且这种权力对于以往的总统来说是一直存在的,但没有人曾经胆敢去利用它。当特朗普利用这种权力时,在这个案例以及很多例子中,在实现其议程方面都极其有效。但是,与特朗普 2.0 挑战法律的其他诸多领域不同,这一领域似乎完全属于他的职权范围,并且看起来完全在现有美国移民法院系统的法律框架之内。因此,问题到底出在哪里?
Original English
Michael Barbaro: To me anyway, this appears to be the story and it's a familiar one for our listeners of President Trump and those around him discovering in this second term that the legal system lets them exert far more power than anyone realized. And that that power was always there for a previous president, but nobody had ever dared to exploit it. And when Trump does use that power, in this case and in many cases, it's extremely effective in realizing his agenda. But unlike in a lot of areas where Trump 2.0 has tested the law, this one feels very much his prerogative to do and it looks very much within the bounds of the law and the existing US immigration court system. So what is the problem becomes the question.
尼古拉斯·内哈马斯: 嗯,是的,你说得对。特朗普政府会说,他们所做的一切在法律上绝对在他们的权力范围内,并且他们对结果非常满意。现在,少数几位法官因被解雇而提起诉讼,但即使他们打赢了官司,也无法阻碍特朗普在移民法院推动的这一更大项目。事实上,这些变化确实减少了极其庞大的积压案件。而且当我们的报道登出时,白宫实际上发表了一份新闻稿,将其作为其政策成效斐然的证据大加赞扬。
Original English
Nicholas Nehamas: Well, yes, you're right. And the Trump administration will say that everything they're doing is absolutely legally within their power to do and they're happy with the results. Now, a few judges have sued over being fired, but even if they were to win, that's not going to derail the larger project that Trump is pushing through the immigration courts. And in fact, these changes have led to a reduction in the enormous backlog of cases. And when our story came out, the White House actually put out a press release touting it as evidence of how much its policies are working.
迈克尔·巴巴罗: 嗯,他们为此感到骄傲。
Original English
Michael Barbaro: Mhm. They're proud of it.
尼古拉斯·内哈马斯: 确实如此。但对于坚信这一系统需要修补的迪安德里亚法官来说,这绝对不是正确的方法。
Original English
Nicholas Nehamas: Exactly. But to Judge DeAndre, who very much thinks the system needs fixing, this is just not the right way to do it.
司法独立的呼吁与结构性改革
霍莉·迪安德里亚: 我认为我们做事的方式很重要。对吗?这很重要。你知道,你可以快速完成某件事,但这是不可持续的。我认为在当前这种情况下,我们确实快速做成了一些事,但要维持降低积压的同样模式,这并不是法院所需要的长期可持续性。
Original English
Holly DeAndrea: I think that the way we do things matters. Right? It matters. And you know, you can do something quickly, but it's not sustainable. And I think that in this circumstance, like we've done something quickly, but it isn't long-term sustainability that the court needs to maintain that same pattern of keeping the backlog down.
霍莉·迪安德里亚: 因为到了这个节点,移民问题的底牌已经被揭开了。来自两党的总统现在都可以将这个移民法院系统当作一个纯粹的政治工具,来执行他们的任何议程。而特朗普基本上是在该系统内操作这一事实,在她看来,正是该系统根本性弊端的明证。
Original English
Holly DeAndrea: Because at this point of immigration is out of the bag, and presidents from both parties could now treat this immigration court system as a purely political tool to execute whatever their agenda is. And the fact that Trump is mostly operating within the system is a sign to her of what's fundamentally wrong with the system.
霍莉·迪安德里亚: 没错。该系统正在按照设计的方式运作,但它的设计本身就是功能失调的。所以,这是移民法院的结构性问题。这并不完全是政策问题,也不完全是法律层面的问题,而是移民法院实际结构上的问题。当你把移民法院从行政干预中剥离出来,你就会拥有长期的稳定性,以及一个对所有相关人员都更公平的、更好的法院系统。
Original English
Holly DeAndrea: Right. The system is working the way it's designed, but it's design is dysfunctional. So, this is a structural issue with the immigration court. It's not so much a policy issue, it's not so much an issue with the law, it's an issue with the actual structure of the immigration court. And when you take the immigration court out from underneath the executive influence, you have long-term stability, and you have a better court system that's more fair for everybody involved in it.
尼古拉斯·内哈马斯: 她和许多其他法官最终达成的共识,是倡导建立一个比我们以前见过的任何系统都更加独立于行政分支的机制。
Original English
Nicholas Nehamas: And what she and many other judges have come around to is advocating for a system that is more independent of the executive branch than we've ever seen before.
霍莉·迪安德里亚: 我们现在正走向这样一个节点:实行彻底的三权分立,并将移民法院与司法部脱离,已经变得越来越必要。把政治政策对法庭的影响拿掉,这样法庭就能单纯地执行法律。这是所有移民法官唯一的诉求。我们希望能够执行法律,而不是受政策的随意摆布。
Original English
Holly DeAndrea: We're getting to a point now where it's just getting more and more necessary to have that full separation of power and have the immigration court separate from the Department of Justice. Take the policy influence away from the courts so the courts can just enforce the law. That's all any of the immigration judges want. We want to be able to enforce the law and not be subject to just the policies.
迈克尔·巴巴罗: 所以,她显然得出结论:对我们移民法的法律解释,不应该受到任何恰好入主白宫的人的意志的左右。而解决办法是通过将他们置于司法分支中,来使像她自己这样的法官免受施压。但是,这切实可行吗?这真的有可能发生吗?会有什么动力能促使一位总统放弃这种权力?
Original English
Michael Barbaro: So, she's clearly concluded that the legal interpretation of our immigration laws should not be at the whim of whoever happens to be at the White House. And the answer is to insulate judges like herself from being pressured by putting them in the judicial branch. But, is that practical? Is that actually ever going to happen? What would ever motivate a president to give up this power?
尼古拉斯·内哈马斯: 这是一个很好的问题。国会也曾提出过相关的立法来达成这一目的,但你是对的。这需要总统放弃他们对移民政策所拥有的极大权力。
Original English
Nicholas Nehamas: That's a great question. And there has been legislation put forward in Congress to accomplish this, but you're right. It would require a president to give up a tremendous amount of power that they have over immigration policy.
迈克尔·巴巴罗: 没错。仅比特朗普总统的例子,在其第二任期内,对其总统职权的唯一真正制衡力量就是司法分支。这些由两党任命的、不可解雇的终身制法官,在特朗普试探其权力的边界时,一再做出不利于他的判决。
Original English
Michael Barbaro: Right. Just to use the example of President Trump, the only real counterweight to his presidency in the second term has been the judicial branch. These unfirable lifetime appointed judges from both parties who have repeatedly ruled against him as he has tested the bounds of his power.
尼古拉斯·内哈马斯: 的确如此。是的。他几乎没有任何动力为自己的政策目标设置更多的障碍。
Original English
Nicholas Nehamas: Exactly. Yeah. He has very little incentive to empower more obstacles to his policy goals.
尼古拉斯·内哈马斯: 在美国,没有其他任何一个法律系统像这样运作——法官一方面必须在人命关天的问题上做出裁决,决定谁能留在这个国家,决定谁可能给国内的他人带来危险,同时却还要面对来自上面的这种政治压力。
Original English
Nicholas Nehamas: There's no other legal system in the United States that operates like this, where judges on the one hand are having to make, you know, really life-and-death decisions for people about who gets to stay in the country, about who might be a danger to others in the country while facing down this political pressure from above.
尼古拉斯·内哈马斯: 在这个时刻,做这项工作变得极其艰难。但对于迪安德里亚法官来说,这并不是她成为移民法官的初衷。
Original English
Nicholas Nehamas: In this moment, it is incredibly hard to be doing this work. But it's also incredibly hard judge Deondre, this is not why she became an immigration judge.
霍莉·迪安德里亚: 移民法官所倾听的证词有时包含酷刑。有时涉及犯下严重罪行的人,或者真正想在美国伤害他人的人。
Original English
Holly DeAndrea: the testimony that immigration judge listens to sometimes involves torture. It sometimes involves people who have committed serious crimes or people who really want to hurt people in the United States.
尼古拉斯·内哈马斯: 她成为移民法官是为了保护国家的安全,并给予那些值得的人成为美国人的机会。而目前,她看不到这种公正不阿的审判正在进行。
Original English
Nicholas Nehamas: She became an immigration judge to keep the country safe and to give people who deserve it the chance to become an American. And right now, she doesn't see that kind of impartial justice being carried out.
霍莉·迪安德里亚: 这本来就是一项非常、非常艰难的工作。在现在这种额外压力之下来做这项工作……
Original English
Holly DeAndrea: It's a very, very difficult job to begin with. And to be doing it right now with the extra pressure
霍莉·迪安德里亚: 对情况一点帮助都没有。事实上,这让工作变得更加艰巨了。
Original English
Holly DeAndrea: doesn't help the situation at all. In fact, it makes the job a lot more hard.
迈克尔·巴巴罗: 尼克,非常感谢你。我们很感激。
Original English
Michael Barbaro: Nick, thank you so much. We appreciate it.
尼古拉斯·内哈马斯: 不客气。
Original English
Nicholas Nehamas: You're welcome.
今日其他要闻与收尾
迈克尔·巴巴罗: 我们马上回来。以下是今天你还需要了解的其他要闻。
Original English
Michael Barbaro: We'll be right back. Here's what else you need to know today.
基尔·斯塔默: 我党现在提出的问题是,我是否是带领我们走向下一次大选的最佳人选。我已经听到了议会党团对这个问题的回答。我以宽容的态度接受这个回答。
Original English
Keir Starmer: The question my party is asking now is whether I am best placed to lead us into the next general election. I have heard the answer of my parliamentary party to that question. And I accept that answer with good grace.
迈克尔·巴巴罗: 英国首相**基尔·斯塔默(Keir Starmer)在遭遇工党内部的反叛后,于周一宣布辞职。这是该国长达十年的政治动荡的最新证据,该动荡始于2016年英国公投退出欧盟。在过去十年中,英国已经换了六位不同的首相。斯塔默的辞职为工党最受欢迎的政治家安迪·伯纳姆(Andy Burnham)**成为该国下一任领导人扫清了道路。
本期节目由尼娜·费尔德曼制作,克里斯·本德拉普协助。由雷切尔·奎斯特编辑。包含苏珊·李的调研协助,音乐由丹·鲍威尔、帕特·麦库斯克、马里恩·洛萨诺和阿里西亚·伊图贝提供。我们的主题音乐由 Wonderly 制作。本集工程由阿丽莎·莫克斯利完成。特别感谢戴安娜·温和史蒂文·里奇。
以上就是今天的《每日新闻》。我是迈克尔·巴巴罗。明天见。
Original English
Michael Barbaro: British Prime Minister Keir Starmer announced his resignation on Monday following a rebellion against him inside the Labour Party. It was the latest evidence of the country's decade-long political turmoil, which began when it voted to leave the European Union in 2016. Britain has now had six different prime ministers over the past decade. Starmer's resignation paved the way for Andy Burnham, the Labour Party's most popular politician, to become the country's next leader. Today's episode was produced by Nina Feldman with help from Chris Benderap. It was edited by Rachel Quester. Contains research help from Susan Lee, and music by Dan Powell, Pat McCusker, Marion Lozano, and Alicia Itube. Our theme music is by Wonderly. This episode was engineered by Alyssa Moxley. Special thanks to Diana Wynn and Steven Rich. That's it for The Daily. I'm Michael Barbaro. See you tomorrow.