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The Federalist Diaries

 

 Gatekeepers They Are, Sleepers Are We, Part 7

“Quis custodiet ipsos custodes?” is a Latin phrase variously translated as "Who will guard the guards?", "Who watches the watchmen?", "Who shall watch the watchers themselves?", 
or similar.
 Decimus Iunius Iuvenalis,
known in English as "Juvenal," was a Roman poet active in the late first and early second century CE
http://en.wikipedia.org/wiki/Juvenal  

This is an addendum about gatekeepers.  I was going to start a new essay, but something happened today at the office which led me to extend this essay. 

Our business is a paralegal office, sometimes like a real-life soap opera or telenovela.  Today the owner, a paralegal for sixteen years, had three clients who told her that their papers which she had helped prepare had been returned by the immigration service because the filing fee had been wrong. 

For a number of immigration forms, there had been a significant fee increase at the end of July of this year.  The papers for these clients had been put in the mail before the deadline. 

The paralegal called the office of a member of Congress to report this.  She was told that each client should report this to the member in whose district the client lived.  The paralegal then called an advocacy organization. 

What is wrong here?  With all her experience in dealing with the immigration service, the paralegal says that the service abuses its discretion, deceives applicants, and violates the law.  Those are strong charges.    

Interestingly, one of the three clients chose to pay the increased fee, rather than assert his right and possibly stir the ire of the immigration service.  Note that:  fear of reprisal from the government.  Justified? 

That there is no way to rectify this injustice other than by a call to a member of Congress or a class-action suit by a dedicated or debt-ridden attorney is cause for concern. 

The system is not working.  Either there is too much injustice which goes uncorrected or it takes too much time to fix the injustice.  What can be done?  Every agency of government should have an oversight council of constituents to monitor, report, and in some cases, rectify.  So, for every office of the immigration service, there would be a group of local citizens and immigrants, unrelated to any employees, who would sit on such a council.  The same would apply to the IRS, a state’s department of motor vehicles, a municipality’s economic-development department, and so on.  Significantly, constituents would elect from among themselves;  elected officials would not appoint.  Thus, “diversity” would be created to ensure, to the extent that anything could be ensured, that the council of constituents be watchful and not co-opted.

October 4, 2007

 

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