
卡伦·多诺索·史蒂文斯提供了一个罕见的第一视角,展示了政府改造移民法庭系统的行动。
Karen Donoso Stevens offers a rare firsthand look at the administration’s campaign to transform the immigration court system.
卡伦·多诺索·史蒂文斯曾在安南代尔移民法庭主持高风险驱逐案件。(Allison Robbert/为《华盛顿邮报》拍摄)那冬天的一个早晨,法官刚宣布开庭,已有十几位律师出现在她的电视屏幕上,每人都有一项紧急请求。他们的当事人全都被关押着,面临驱逐,需要安排开庭日期或审理保释申请。一如既往,法官几天前就为每个案件做好了准备,因为在15号法庭,几乎没有任何事情是她未曾预料到的。
Karen Donoso Stevens oversaw high-stakes deportation cases at the Annandale Immigration Court. (Allison Robbert/For The Washington Post) THE JUDGE HAD JUST CALLED COURT TO ORDER on that winter morning, and already, a dozen attorneys waited on her TV screen, each with an urgent request. Their clients, all locked up and facing deportation, needed hearing dates scheduled or bond requests considered. As always, the judge had prepared for every case days earlier, because almost nothing happened in Courtroom 15 that she didn’t anticipate.
这时,她身后的门猛地推开,重重撞在墙上。她的主管走了进来。“你在开庭记录吗?”他问道,询问她是否正在开庭审理。
Then the door behind her swung open, thudding against the wall. In walked her supervisor. “Are you on the record?” he asked, questioning whether she was in session.
卡伦·多诺索·史蒂文斯正在开庭,她确信主管知情。法官举起一根手指——等一下——同时宣布在安南代尔移民法庭休庭。
Karen Donoso Stevens was in session, and she was certain he knew it. The judge held up a finger — wait — as she announced a recess inside the Annandale Immigration Court.
坐在原告席上的国土安全部律师默默注视着,她的法律助理也是如此。
A Homeland Security attorney at the prosecution table watched in silence, as did her legal assistant.
她深吸一口气,站起身,身穿那件穿了近十年的黑色法官袍,袖口已磨损。“来了,”法官心想,确信自己马上就会被解雇。
She drew a long breath, then stood in the black robe she’d worn for nearly a decade, its cloth fraying at the elbow. Here we go , the judge thought, certain she was about to be fired.
她回忆说,在走廊里,主管告诉她,他接到指示要把她从法庭带走。“为什么?”她问。“我不知道,”他回答。
In the hallway, she recalled, her supervisor said he’d been instructed to pull her from court. “Why?” she asked. “I don’t know,” he replied.
那是1月14日,美国移民法庭历史上最动荡时期开始一周年之际。唐纳德·特朗普总统继承了一个普遍被视为崩溃的系统。在乔·拜登总统任内涌入的移民加剧了这一局面,积压案件超过400万起,特朗普政府誓言要解决这一问题。
It was Jan. 14, one year into the most tumultuous period in the U.S. immigration court’s history. President Donald Trump had inherited what was widely seen as a broken system. Exacerbated by an influx of migrants under President Joe Biden, its backlog exceeded 4 million unresolved cases, and Trump’s administration had vowed to address it.
近期民调显示,公众在其当选前普遍支持加强边境安全,尽管随后的强力打击疏远了许多选民。随着政府剥夺了庇护申请者的保护并向美国街头派出了数千名移民及海关执法局特工,导致更多人被扣留和驱逐,两名美国公民在明尼阿波利斯被联邦执法人员杀害,引发了强烈反弹。
The public broadly supported tighter border security before his election, though the aggressive crackdown that followed alienated many voters, recent polls show. As the administration stripped protections from asylum seekers and dispatched thousands of ICE agents onto American streets, leading to more detentions and deportations, two U.S. citizens were killed by federal officers in Minneapolis, igniting a backlash.
但在特朗普驱逐数百万“非法外国人”的各项努力中,决定谁能留下来、谁必须离开的移民法院,是最核心的一环,却也是公众最不熟悉的一环。
But no cog in Trump’s effort to expel millions of “illegal aliens” was more essential — and less familiar to the public — than the immigration courts that decide who stays and who goes.
这个庞大的系统不像大多数法院那样运作。它隶属于司法部,而司法部受总检察长管辖,最终听命于总统。然而,它有义务给予移民正当程序,并仅根据法律管理案件。联邦特工在纽约雅各布·贾维茨联邦大楼扣留了一名男子。
The sprawling system doesn’t operate like most courts. It exists within the Justice Department, which is overseen by the attorney general and, ultimately, the president. Nevertheless, it is obligated to afford migrants due process and manage cases according to the law, nothing else. Federal agents detain a man at the Jacob K. Javits Federal Building in New York.

然而,在特朗普第二个任期的第一年,司法部解雇了全国大约700名移民法官中的约100人,并开始用该届政府所称的“驱逐法官”取而代之。
And yet, in the first year of Trump’s second term, the Justice Department fired some 100 of the country’s roughly 700 immigration judges and began to replace them with what the administration called “ deportation judges .”
据共事的法官和她审理过案件的律师称,53岁的多诺索·史蒂文斯本应免受这种体制混乱的影响。在2016年加入法官席位之前,她曾在国土安全部度过十年,赢得了实力强劲的检察官的声誉。她是安嫩代尔任职时间最长的“被扣留人员法官”,也是负责裁决被羁押移民去留的三名法官之一,处理的是该法院风险最高的案件。
Donoso Stevens, 53, should have been insulated from the institutional chaos, according to fellow judges and attorneys whose cases she oversaw. Before joining the bench in 2016, she’d spent a decade at Homeland Security, earning a reputation as a formidable prosecutor. She was Annandale’s most tenured “detained judge,” one of three who decided what to do with migrants in custody, the court’s highest-stakes cases.
每年,多诺索·史蒂文斯对提交到她面前的半数以上庇护申请都作出了否决,这一纪录一直与全国平均水平保持一致。她没有抵制第一届特朗普政府强加的案件指标,也很少请病假。她的案件审理进度从未落后。
Every year, Donoso Stevens had denied asylum in more than half the applications that came before her, a record consistently in line with national averages . She hadn’t resisted case quotas imposed by the first Trump administration and seldom took sick leave. She never fell behind on her docket.
但在弗吉尼亚州北部的那个早晨,她担心这一切都毫无意义。多诺索·史蒂文斯说,到那时,另一位主管已经在身份不明的“上级”指示下,命令她推翻四项裁决,这构成了对司法权力的违背,而她曾认为这是不可想象的。她说,自那以后,这种干预不仅有增无减。
But on that morning in Northern Virginia, she feared none of it mattered. By then, Donoso Stevens said, another supervisor had already ordered her to reverse four rulings at the direction of unidentified “higher-ups,” a violation of judicial authority she once considered inconceivable. The interference, she said, had only escalated since.
这些指控是她出于对法院廉洁性的深深担忧而首次公开发表的,得到了她大量的同时代记录,以及《华盛顿邮报》采访的同事、家人和私人律师的印证。这些指控与特朗普官员向公众和《华盛顿邮报》坚称的情况相矛盾——根据法律要求,移民法官在政府领导下担任独立的公正仲裁者。
The allegations, which she’s sharing publicly for the first time because of her deep concern for the court’s integrity, were corroborated by her extensive contemporaneous notes as well as colleagues, family and private attorneys interviewed by The Washington Post. They contradict Trump officials’ insistence to the public and to The Post that — as required by law — immigration judges serve under the administration as independent arbiters of justice.
在法庭外,多诺索·史蒂文斯试图理解正在发生的事情。安嫩代尔代理助理首席移民法官罗伯特·K·伦德伯格告诉她,她将继续留任法官,但不再审理被羁押移民的案件。这是一个主要属于行政性质的职位,他本人在一周前才刚刚调任至此。
Outside her courtroom, Donoso Stevens tried to make sense of what was happening. She would remain on the bench but no longer oversee cases for migrants in detention, she was told by Robert K. Lundberg, Annandale’s acting assistant chief immigration judge, a largely administrative role he’d been moved into a week earlier.
多诺索·史蒂文斯询问她是否可以完成这场听证会。她回忆说,他回答不行:“你不被允许回去说明发生了什么。”这名法官回到法庭,打开了摄像头。“我被告知我再也不能完成这些听证会了,”她说,声音颤抖。
Donoso Stevens asked if she could finish the hearing. He said no, she recalled: “You’re not allowed to go back and say what happened.”The judge returned to court and turned on her camera. “I’ve been told I’m no longer able to finish these hearings,” she said, her voice quavering.
在视频通话中,她听到律师们倒吸了一口凉气。随后法官走了出去。几分钟之内,这个消息就在法律界传开了。许多人以为她被解雇了。
On the video call, she heard attorneys gasp. Then the judge walked out. Word spread through the legal community within minutes. Many assumed she’d been fired.

安嫩代尔移民法院外部,摄于10月初。(艾莉森·罗伯特/《华盛顿邮报》供图)回到走廊上,多诺索-史蒂文斯看到伦德伯格正护送她的继任者——一个她曾亲自培训和指导的男子——走向她的法庭。他立即接管了她的案卷,其中包括一桩备受瞩目的案件。法律专家曾表示,该案可能会开创一个先例,对寻求在美国避难的数万名阿富汗人产生深远的影响。多诺索-史蒂文斯回到办公室,脱下了法袍。她哭了。
The exterior of the Annandale Immigration Court, pictured in early October. (Allison Robbert/For The Washington Post) Back in the hallway, Donoso Stevens saw Lundberg escorting her replacement, a man she’d trained and mentored, toward her courtroom. He immediately took over her docket, including a prominent case that legal experts had said could set a precedent with sweeping consequences for tens of thousands of Afghans seeking refuge in the United States. Donoso Stevens returned to her office and removed her robe. She wept.
在接下来的几个小时里,同事和朋友们试图安慰她。他们说,至少她还保住了工作。但这位经常宣称自己唯一的职责就是遵守法律的法官却在问自己:她必须做出什么妥协才能保住这份工作?
In the hours that followed, colleagues and friends tried to console her. At least, they said, she still had a job. But the judge, who so often preached that her only duty was to follow the law, asked herself: What would she have to do to keep it?
多诺索-史蒂文斯表示,她开始感到担忧是在特朗普第二个任期的第26天。当时她正和丈夫坐在车里,情人节晚餐后开车回家,这时她的手机震动了起来,随后震动个不停。“不会吧,”多诺索-史蒂文斯在阅读短信时脱口而出。
DONOSO STEVENS BEGAN TO WORRY, she said, on the 26th day of Trump’s second term. She was in the car with her husband, headed home from a Valentine’s Day dinner, when her phone buzzed, then kept buzzing. “No way,” Donoso Stevens blurted as she read the texts.
她的直属上司丽贝卡·沃尔特斯被解雇了,这是当天被解雇的七名移民法庭副首席法官之一。沃尔特斯是在拜登任内被任命的,她被认为极大地改善了安嫩代尔的案件办结率,同事们曾希望这一成就能够让她讨好在第一个任期内曾强加配额的特朗普政府。
Her supervisor, Rebecca Walters, had been fired, one of seven assistant chief immigration judges dismissed that day. Appointed under Biden, Walters was credited with dramatically improving Annandale’s case-completion numbers, an achievement that colleagues hoped would ingratiate her with a Trump administration that had imposed quotas during his first term.
此后不久,又有数十人遭到解雇,这凸显了许多法律专家所称的法院系统中的一个系统性缺陷:受到终身任期和宪法三权分立保护、免受政治报复的联邦法官不同,移民法官隶属于行政部门。
Dozens of other terminations soon followed, spotlighting what many legal experts have called a systemic flaw in the court system: Unlike federal judges protected from political retaliation by lifetime tenures and the constitutional separation of powers, immigration judges work for the executive branch.
没有任何一届政府曾进行过如此规模的清洗。特朗普官员坚称,他们完全有权驱逐白宫口中“那些拖延遣运并以极高比率批准避难的激进派法官”。但就在驱逐行动灌输了一种幸存法官们在私下交谈中开始称之为“恐吓文化”的氛围时,司法部坚称它不会干涉他们的裁决。
No administration had ever carried out a purge at this scale. Trump officials asserted they had every right to banish, as the White House put it , “activist judges who slow-walked deportations and granted asylum at sky-high rates.”But even as the expulsions instilled what surviving judges in private conversation began to call a “culture of intimidation,” the Justice Department insisted it would not interfere with their rulings.
“他们必须独立、公正地审理案件,不偏袒任何一方,”时任移民审查执行办公室代理主任的瑟斯·E·欧文(Sirce E. Owen)在去年夏天的一份备忘录中写道;她是特朗普执政期间被任命的。欧文宣称,在负责监管整个移民法院系统的执行办公室中,任何人不得在上诉解决之前“指示任何裁判官以特定方式作出裁决”。
“They are required to adjudicate cases independently and impartially without favor to either party,” Sirce E. Owen, appointed under Trump as acting director of the Executive Office for Immigration Review, wrote in a memo last summer. Owen declared that no one in the executive office, the agency that oversees the entire immigration court system, can “direct any adjudicator to rule in a particular way” before appeals are settled.
多诺索·史蒂文斯(Donoso Stevens)希望这是真的,因为这个机构已经成为她身份的核心。十年前,在经历了两年的申请流程后,她被时任民主党籍司法部长洛雷塔·E·林奇(Loretta E. Lynch)任命为法官。这份工作是她职业生涯的巅峰,在她看来,也是其归宿。她在研究法律并将其适用的过程中找到了人生目标,哪怕这意味着下令驱逐那些令她心碎的寻求庇护者。
Donoso Stevens wanted that to be true, because the institution had become central to her identity. She’d endured a two-year application process before being appointed to the bench a decade earlier by Democratic Attorney General Loretta E. Lynch. The job was the zenith of her career and, she thought, its destination. She found purpose in studying the law and applying it, even if that meant ordering the deportation of people whose pleas for sanctuary devastated her.
早在她对宪法宣誓之前很久,她就对美国法律体系的神圣性深信不疑。当多诺索·史蒂文斯在读高三时读到《杀死一只知更鸟》(To Kill a Mockingbird)一书时,她便决定成为一名律师。真理和正义的理想吸引着她,通过说服别人自己是对的来获得报酬也同样吸引着她。作为芝加哥郊区厄瓜多尔移民家庭的中间孩子,她一直是兄弟姐妹的代言人,负责协商惩罚和就寝时间。在她17岁时,她的父亲为他们共用的皮卡车定制了一个个性化车牌:“2 B LWYR”。
She’d believed in the sanctity of America’s legal system since well before she swore an oath to the Constitution. Donoso Stevens decided to become an attorney when she read “To Kill a Mockingbird” as a high school junior. The ideals of truth and justice appealed to her, as did getting paid to persuade people she was right. The middle child of Ecuadorian immigrants in the Chicago suburbs, she’d always served as her siblings’ advocate, negotiating punishments and bedtimes. When she turned 17, her dad ordered a vanity plate for the pickup they shared: “2 B LWYR.”
一张多诺索·史蒂芬斯(Donoso Stevens)与父母的合影摆在她家里的桌上。(艾莉森·罗伯特/《华盛顿邮报》供图)她遇到了后来的丈夫达蒙·史蒂芬斯(Damon Stevens),当时他们在美国密歇根州立大学法学院(Michigan State University College of Law)的模拟法庭比赛中同台竞技。她赢了。
A printed photo of Donoso Stevens with her parents sits on a table at her home. (Allison Robbert/For The Washington Post) She met her eventual husband, Damon Stevens, when they competed against each other in moot court at Michigan State University College of Law. She won.

“她很有锋芒,”他回忆起她5英尺3英寸(约1.6米)的娇小身材是如何具有欺骗性的,“如果你是她的对手,她绝不是一个温顺的花瓶。”
“She’s got an edge,” he said, recalling how her diminutive stature, at 5-foot-3, could mislead. “If you’re opposing her, she’s not a wallflower.”
毕业后,多诺索·史蒂芬斯曾在芝加哥的一家刑事法院起诉轻罪袭击和酒驾案件,直到她跟随丈夫前往加利福尼亚州,当时他在海军陆战队担任法官辩护律师。在跨国搬迁期间,她生了两个孩子,并在一家非营利组织工作,帮助抵达美国时没有父母陪伴的儿童。2007年,她加入国土安全部担任检察官。
After graduation, Donoso Stevens prosecuted misdemeanor assaults and DUIs in a Chicago criminal court until she followed her husband to California, where he’d been stationed as a judge advocate in the Marine Corps. Amid cross-country moves, she had two kids and worked at a nonprofit to help children who’d arrived in the U.S. without their parents. In 2007, she joined Homeland Security as a prosecutor.
“我记得当时成为一名联邦雇员是多么令我骄傲,”多诺索·史蒂芬斯说。她的父母向她灌输了对给予他们公民身份的国家的深厚忠诚。“我从没想过为了钱去做法律工作。”
“I remember how proud I was to be a federal employee,” said Donoso Stevens, whose parents had instilled a deep allegiance to the country that gave them citizenship. “I never saw myself doing the law for money.”
辩护律师们表示,她在试图驱逐被控家庭暴力或伤害儿童的移民时表现得尤为顽强,并指出他们从未发现她不讲道理。
She was especially tenacious in trying to deport immigrants accused of domestic violence or harming kids, according to defense lawyers, who noted they never found her unreasonable.
“在有达成一致的空间时,她是好说话的,”当时担任私人律师、后任法官但在去年被无故解雇的阿纳姆·佩蒂特(Anam Petit)说,“她总是考虑周全。”
“She was agreeable when there was room to agree,” said Anam Petit, then a private attorney who later served as a judge before being fired without cause last year. “She was always thoughtful.”
在自由派的华盛顿,多诺索·史蒂芬斯知道许多人认为她的工作令人反感,因为这通常意味着要努力剥夺移民在美国的家园。由于厌倦了别人问她怎么能安稳入睡,她不再透露自己是做什么谋生的。“我在政府工作,”她会这样说,再无其他。
In liberal Washington, Donoso Stevens knew that many people considered her job distasteful because it often meant fighting to deny immigrants a home in the United States. Weary of being asked how she could sleep at night, she stopped revealing what she did for a living. “I work for the government,” she’d say, and nothing more.
她表示,在那个时候,国土安全部的律师并不以胜负来接受考核。如果移民证明他们应得庇护,她就不会与他们对抗。
Back then, she said, Homeland Security attorneys weren’t evaluated on wins and losses. If immigrants proved they deserved asylum, she didn’t fight them.
里克·马利克(Ricky Malik)曾代理过一名来自萨尔瓦多的女律师,这名女性因调查黑帮成员而导致家人受到恐怖威胁。在法庭上,多诺索·史蒂芬斯(Donoso Stevens)证实了这一情况,随后告诉法官,国土安全部(Homeland Security)不反对她的申请。
Ricky Malik once represented an attorney from El Salvador whose family had been terrorized after the woman investigated gang members. In court, Donoso Stevens confirmed the story, then told the judge that Homeland Security did not oppose her application.
“正义,那是她的主要目标,”马利克说,“不只是‘我要赢得每一场官司,我要积累战绩。’”尽管如此,当她被任命为法官时——这在当时是一名国土安全部律师少有的转型——马利克和其他辩护律师提出了抗议。他们质问,当昔日的同事坐在控方席上时,她怎么能做到公正裁决?
“Justice, that was her main goal,” Malik said. “Not just, ‘I’m going to win every case, and I’m going to have a body count.’”Still, when she was appointed to the bench, at the time an uncommon transition for a Homeland Security attorney, Malik and other defense lawyers protested. How, they asked, could she rule with impartiality when former colleagues sat at the prosecution table?
“这不公平,”他在她开始审理他的案件之前说道。马利克表示,随着岁月流逝,他在她身上找到了他对每一位法官最大的期望:她遵纪守法。
“This is unfair,” he said, before she began overseeing his cases. As the years passed, Malik said, he found in her what he wanted most from every judge: She followed the law.
2025年9月的一个周五下午,事情变得更加复杂。在长达14页的裁决中,由特朗普任命的成员组成的移民上诉委员会(Board of Immigration Appeals)剥夺了法官们行使了几十年的权力。
got more complicated on a Friday afternoon in September 2025. In a 14-page ruling, the Board of Immigration Appeals, stocked with members appointed under Trump, stripped judges of a power they had exercised for decades.
长期以来,未在入境时被捕的无证移民一直被允许申请保释,由法官决定在他们的案件审理期间将其释放是否安全。突然之间,该委员会裁定,所有非法入境的人都必须继续被关押,即使是那些没有犯罪记录且有家庭纽带的人也不例外。
Undocumented immigrants who weren’t apprehended until after they entered the country had long been allowed to request bond, leaving judges to decide whether it was safe to release them as their cases proceeded. Suddenly, the board decided that anyone who came unlawfully should remain jailed, even those with clean records and family ties.
多诺索·史蒂芬斯不同意该委员会的法律解释,但她说,她的看法无关紧要。她将该委员会的决定视为必须执行的指令。
Donoso Stevens disagreed with the board’s legal interpretation, but her view, she said, made no difference. She treated its decisions as the mandates they are.
尽管如此,她和其他法官很快发现了一个可能至关重要的疏漏:该意见未能将那些在没有父母或监护人陪同下来到美国、此后已成年的儿童考虑在内,在他们看来,这一群体属于不同的法律准则管辖范畴。
Still, she and other judges quickly spotted a potentially critical omission: The opinion failed to account for children who came to the United States without a parent or guardian and had since reached adulthood, a group that, in their view, fell under distinct legal guidelines.
不到两周后,四名此类人员要求多诺索·史蒂文斯释放他们。她研究了法律并咨询了同事,随后认定这些移民符合条件。她批准了保释金。
Less than two weeks later, four such people asked Donoso Stevens to release them. She studied the law and consulted with colleagues, then decided the immigrants were eligible. She granted bonds.
9月17日,安嫩代尔时任代理助理警察长埃里克·迪洛打电话给她。
On Sept. 17, Annandale’s then-acting assistant chief, Eric Dillow, called her.
“迪洛……称保释是一个热门话题。想要讨论保释决定,”多诺索·史蒂文斯在一本《华盛顿邮报》查阅过的绿色速记本上记道。他告诉她,他知道这四起案件,并刚刚通过电子邮件向她发送了另一项裁决,他认为这意味着她本可以拒绝保释。
“Dillow ... said bond is a hot topic. Wanted to discuss bond decisions,” Donoso Stevens jotted in a green steno pad reviewed by The Post. He told her he knew about the four cases and had just emailed her a separate ruling that, he believed, meant she could have denied bond.
多诺索·史蒂文斯在阿灵顿的社区遛家里的狗。(艾莉森·罗伯特/《华盛顿邮报》供图)多诺索·史蒂文斯追问时,她表示,迪洛承认这四起案件已经“上报”给了他。他没有说是谁上报的,她也没有追问。然而,这是一个令人震惊的披露。据她所知,她的裁决从未被上报给上级主管。
Donoso Stevens walks the family dog through her neighborhood in Arlington. (Allison Robbert/For The Washington Post) When Donoso Stevens pressed him, she said, Dillow acknowledged the four cases had been “elevated” to him. He didn’t say by whom, and she neglected to ask. Nevertheless, it was a stunning disclosure. As far as she knew, none of her rulings had ever been reported to a supervisor.

她挂断电话并阅读了迪洛发送的裁决,随后他又打回了电话。多诺索·史蒂文斯在办公室里告诉他,她能看出这一论点的合理之处,尽管它来自纽约的一家联邦法院,该法院并不能强制她或弗吉尼亚州的任何其他移民法官遵照执行。“我们该怎么办?”他问。
She hung up and read the ruling Dillow had sent, then he called back. From her office, Donoso Stevens told him she could see the merits of the argument, even though it came from a federal court in New York that couldn’t require her or any other immigration judge in Virginia to follow it. “What should we do?” he asked.
根据她的笔记,她告诉他,国土安全部应该遵循法律程序:该部门可以提交动议要求她重新审议,或者请求上诉委员会进行干预。他表示同意,但在几分钟后又打了回来。由于心存疑虑,她允许另一位来到她办公室的法官旁听。
She told him Homeland Security should follow legal protocol: The department could either file a motion asking her to reconsider or request that the appellate board intervene. He agreed, according to her notes, but called back a few minutes later. Suspicious, she allowed another judge who had come to her office to listen in.
“他说上级要求我自行撤销我的决定,”多诺索·史蒂文斯在一则笔记中写道,笔记缩写了“决定”一词,并使用了一个指代法官未经敦促自行推翻裁决的拉丁语短语。
“He said higher-ups said I had to vacate my decs sua sponte,” Donoso Stevens wrote in a note that abbreviated “decisions” and used a Latin phrase that refers to judges reversing their own rulings unprompted.
迪洛没有说出“上级”的名字。多诺索·史蒂文斯力求得到一个解释:“国土安全部为什么不能提交重新审议动议?”“哦,不,”他回答道。“他们不会那样做的。”通话结束了。
Dillow did not name the “higher-ups.”Donoso Stevens pushed for an explanation: “Why can’t DHS file a motion to reconsider?”“Oh no,” he replied. “They’re not going to do that.”The call ended.
“这是我们的红线吗?”多诺索·史蒂文斯(Donoso Stevens)问另一名法官。出于对遭受职业报复的担心,身分未被《华盛顿邮报》公开的这名同事证实了通话的细节。
“Is this our red line?”Donoso Stevens asked the other judge. The colleague, to whom The Post granted anonymity because they fear professional retaliation, confirmed the details of the call.
在多诺索·史蒂文斯看来,迪洛(Dillow)不仅告诉她如何裁决、直接违反了执行办公室关于司法独立的承诺,还暗示国土安全部(Homeland Security)已经下令让法院系统默许。
To Donoso Stevens, Dillow had not only told her how to rule, directly violating the executive office’s vow of judicial independence, he’d implied that Homeland Security had ordered the court system to acquiesce.
《华盛顿邮报》向三位法律专家描述了这一指控,他们都谴责这是不可接受的。
The Post described the allegation to three legal experts, and all of them condemned it as unacceptable.
威德纳大学联邦法学院(Widener University Commonwealth Law School)教授吉尔·E·法米利(Jill E. Family)表示:“这是直接干预移民法官案件审理的一个例子。这是对我们法律体系基本准则的一种非常令人不安的冒犯。”
“It’s an example of direct interference in an immigration judge’s handling of a case,” said Jill E. Family, a professor at Widener University Commonwealth Law School. “That is a very disturbing affront on the basic norms of our legal system.”
《华盛顿邮报》向司法部、国土安全部以及迪洛、伦德伯格(Lundberg)和多诺索·史蒂文斯在叙述事件经过时点名的其他所有政府官员发送了一份详细的问题清单。没有人对这些指控作出回应。
The Post sent a detailed list of questions to the Justice Department and Homeland Security as well as Dillow, Lundberg and every other government official Donoso Stevens named in her account of what happened. None responded to the allegations.
执行办公室的一位发言人在一份声明中写道:“司法部的方法是根据法律和证据,尽可能公正、高效地裁决案件。它不以结果来看待裁决,也不在任何特定结果中抱有利益诉求。”
“DOJ’s approach is to impartially adjudicate cases as efficiently as possible in accordance with the law and evidence,” an executive office spokesperson wrote in a statement. “It does not view adjudications in terms of outcomes and does not have a stake in any particular outcome.”
多诺索·史蒂文斯表示,她曾考虑拒绝迪洛推翻她裁决的命令。但她承认纽约的案件提出了一个合理的反论点,因此这位法官勉强同意改变立场,她表示,这是一个她至今仍在纠结的选择。
Donoso Stevens said she considered refusing Dillow’s order to overturn her rulings. But because she conceded that the New York case offered a reasonable counterargument, the judge reluctantly agreed to reverse herself, she said, a choice she still debates.
一周后,在针对迅速驳回案件和加快逮捕力度的强烈反弹出现后,执行办公室再次坚称法院拥有完全独立性。它发布了一份似乎与迪洛的政令相冲突的备忘录:其领导层的任何人“都不得指示移民法官以特定方式对案件作出裁决”。但在私下里,领导层继续破坏其公开声明。
A week later, after backlash over a push to rapidly dismiss cases and expedite arrests, the executive office insisted again that the court had total independence. It issued a memo that appeared in conflict with Dillow’s edict: No one in its leadership “may direct an Immigration Judge to decide a case in a particular way.”But in private, leadership continued to undermine its public pronouncements.
11月18日,在特朗普任命下领导全国整个移民法庭系统的特蕾莎·L·赖利(Teresa L. Riley)向多诺索·史蒂芬斯(Donoso Stevens)发送了一封电子邮件,要求她说明在另外六起案件中批准保释的理由。多诺索·史蒂芬斯表示,由于有未决诉讼,她无法将该信息提供给《邮报》,但她对其进行了描述。
On Nov. 18, Teresa L. Riley, appointed under Trump to lead the country’s entire immigration court system, emailed Donoso Stevens, demanding justification for why she’d granted bond in six other cases. Donoso Stevens said she couldn’t provide the message to The Post because of pending litigation, but she described it.
当迪洛(Dillow)打电话讨论赖利的电子邮件时,多诺索·史蒂芬斯告诉他,自己并非单方面行事。联邦法院已下令在她经手的全部六起案件中举行保释听证会,以此回应挑战政府继续关押移民之合法权利的人身保护令呈请。多诺索·史蒂芬斯称,迪洛告诉她自己理解情况,并承诺将她的说法转达给他的上司。赖利没有回复置评请求,也从未向多诺索·史蒂芬斯进行后续跟进。
When Dillow called to discuss Riley’s email, Donoso Stevens told him she hadn’t acted unilaterally. Federal courts had ordered bond hearings in all six of her cases, in response to habeas corpus petitions challenging the government’s legal right to keep migrants locked up. Dillow told Donoso Stevens he understood, she said, and promised to convey her account to his bosses. Riley, who didn’t reply to a request for comment, never followed up with Donoso Stevens.
保释问题似乎有所平息,直到1月上旬伦德伯格(Lundberg)接替迪洛担任安嫩代尔(Annandale)代理副庭长。仅过了一两天,伦德伯格就出现在她办公室的门口。
The bond issue seemed to recede until early January, when Lundberg replaced Dillow as Annandale’s acting assistant chief. Within a day or two, Lundberg appeared in her office doorway.
她称伦德伯格对她说:“法官,仅仅因为下令进行人身保护令听证会,并不意味着你必须批准保释。”多诺索·史蒂芬斯表示,她将此解读为一种指示,要求她举行结果对移民而言早已内定的“走过场”听证会。
“Judge, just because habeas hearings are ordered doesn’t mean you have to grant bond,” she said he told her. Donoso Stevens interpreted that as an instruction to conduct “show” hearings, she said, where the outcomes for immigrants would be predetermined.
这位法官回忆自己当时对他说:“如果保释是正当的——如果他们证明自己不构成危险或潜逃风险——那么我就会批准保释。”她称,他看了她一眼,一言不发地走开了。不到一周后,他推开她法庭的大门,询问她是否在记录在案。
“If bond is warranted — if they prove they’re not a danger or a flight risk — then I’m going to grant bond,” the judge said she told him. He looked at her, she said, and walked away, silent. Less than a week later, he opened the door to her courtroom and asked if she was on the record.
多诺索·史蒂芬斯被降职的消息让私设律师感到震惊,也让同僚法官们深感沮丧,但最直接的影响落在了本应在她面前出庭的移民身上。
NEWS OF DONOSO STEVENS’S DEMOTION stunned private lawyers and dismayed fellow judges, but the most immediate effects fell on the immigrants who would have appeared before her.
根据《华盛顿邮报》对司法部数据的分析,自特朗普开启第二个总统任期以来,多诺索·史蒂文斯(Donoso Stevens)驳回了她审理的大约百分之八十五的庇护申请。她将自己职业生涯中最高的驳回率主要归咎于移民上诉委员会(the board)的指令大大增加了批准申请的难度。接替她的理查德·范费尔德赫森(Richard VanVeldhuisen)于2023年加入法官席,此前从未审理过被关押移民的案件,他在新岗位上驳回了大约百分之九十五的申请。
Since the start of Trump’s second presidency, Donoso Stevens had denied about 85 percent of her asylum claims, according to a Post analysis of Justice Department data. She largely ascribed the highest rate of her career to how much more difficult the board’s mandates made it to approve applications. Her replacement, Richard VanVeldhuisen, who joined the bench in 2023 and had never overseen a docket of detained immigrants, denied about 95 percent in his new assignment.
他的驳回率反映了2026年全美移民法庭急剧飙升的平均水平。法律专家表示,尽管委员会的法令有限制性,但法官们已经屈服于特朗普政府要求驳回申请的巨大压力。
His rate mirrors the court’s soaring national averages in 2026. While the board’s decrees are limiting, legal experts say, judges have succumbed to immense pressure from the Trump administration to deny applications.
“这是对司法独立的飓风般刮来的强风,”曾担任移民法官的达纳·利·马克斯(Dana Leigh Marks)说。她在退休35年后,已经成为特朗普的坚定批评者。“每个人都有不同的忍受底线。”其影响是深远的。
“It is a hurricane-force wind against judicial independence,” said Dana Leigh Marks, a former immigration judge who, since retiring after 35 years, has become a fierce Trump critic. “Everybody has a different tolerance point.”The effects have been profound.
范费尔德赫森从多诺索·史蒂文斯手中接过的最受瞩目的庇护案,是一名阿富汗男子的案件。他在祖国支持美方事业后,于2021年美军撤离时携妻子搭乘美军飞机逃离。去年7月,移民及海关执法局(ICE)的官员在去往一家会计师事务所上班的路上,逮捕了这名男子。《华盛顿邮报》出于对该男子安全的担忧,将其称为“H”。
The most high-profile asylum case VanVeldhuisen inherited from Donoso Stevens was that of an Afghan who, after supporting the United States’ cause in his home country, escaped with his wife on a U.S. military plane as American troops withdrew in 2021. In July of last year, ICE officers arrested the man, whom The Post is identifying as H out of concern for his safety, on his way to work at an accounting firm. The wife and children of H, an Afghan man facing deportation, leave the office of their attorney in September 2025. (Carolyn Van Houten/The Washington Post)

面临驱逐出境的阿富汗男子H的妻子和孩子于2025年9月离开他们的律师办公室。(卡罗琳·范豪滕/《华盛顿邮报》)在法庭上,国土安全部的律师向多诺索·史蒂文斯辩称,尽管塔利班政权残酷无情,但从未受到过犯罪指控的H可以被安全遣返回国。法律专家怀疑,如果法庭接受这一逻辑,可能会帮助该机构驱逐数千名其他阿富汗人。
In court, Homeland Security attorneys argued to Donoso Stevens that H, who has never been charged with a crime, could be safely sent back, despite the Taliban’s brutal regime. If the courts accepted that rationale, legal experts suspected it could help the agency expel thousands of other Afghans.
国土安全部随后提交了一份出人意料的证据:一份未署名的联邦调查局备忘录。该备忘录指控H没有实施不当行为,但将其描述为一个“潜在威胁”,因为他有一些与恐怖组织有关联的远亲。多诺索·史蒂文斯就这份备忘录向检察官追问更多细节,但检察官没有提供任何细节,称是其“指挥链”将备忘录交给了他。
Homeland Security later submitted surprise evidence: an unsigned FBI memo that accused H of no wrongdoing but described him as “a potential threat” because of distant relatives who were associated with terrorist groups. Donoso Stevens pressed the prosecutor for more details on the memo, but he provided none, saying his “chain of command” had given it to him.
多诺索·史蒂文斯表示,她不能透露自己会如何做出裁决,但法庭上的迹象表明,她认为政府的案件缺乏说服力。她指出,曾在宣誓后回答了数百个问题的H并没有“作证说出任何会使他成为国家安全关切对象的事情”。
Donoso Stevens can’t share how she would have ruled, she said, but there were signs in court that she found the government’s case unconvincing, noting that H, who’d answered hundreds of questions under oath, had not “testified to anything that would make him a national security interest.”
在国土安全部宣布联邦调查局尚未完成对H的背景调查后,感到沮丧的多诺索·史蒂文斯承认,根据法律,在联邦调查局对其进行清查之前,她没有选择权来批准这位育有两个孩子的父亲的避难申请(联邦调查局也由司法部管辖)。一名检察官提醒法官,她可以随时驳回H的申请。她拒绝了。
After Homeland Security announced the FBI had yet to finish his background check, a frustrated Donoso Stevens acknowledged that, by law, she didn’t have the option to grant the father of two asylum until he was cleared by the bureau, which the Justice Department also oversees. A prosecutor reminded the judge she could reject H’s application at any time. She declined.
清查结果于三个月后的1月到来——就在多诺索·史蒂文斯被从该案中撤换仅仅九天之后。
The clearance arrived three months later, in January — just nine days after Donoso Stevens was removed from the case.
2月18日,从未就此案与她协商、也未就H的案件举行听证会的范维尔德赫森下令将H遣返回阿富汗。
On Feb. 18, VanVeldhuisen, who had never consulted with her about it or held a hearing on H’s case, ordered him to be sent back to Afghanistan.
这位法官写道,由于H的亲属,他“可能对国家安全构成危险”。范维尔德赫森没有回应置评请求,他在一个脚注中提到,此前“指派审理此案的法官无法完成”该案。多诺索·史蒂文斯依然在法官岗位上,她的法庭离他自己的法庭不远。
The judge wrote that because of H’s relatives, he “may pose a danger to the national security.”In a footnote, VanVeldhuisen, who did not respond to a request for comment, mentioned that the judge “formerly assigned to this case is unavailable to complete” it. Donoso Stevens remained on the bench, in a courtroom not far from his own.
H的律师向弗吉尼亚州东区联邦地区法院提交了一份人身保护令呈请,但一名由特朗普任命的法官予以驳回,理由之一是范维尔德赫森关于H可能是个危险人物的结论,“本法院对此无法进行事后诸葛亮式的质疑”。
H’s attorney filed a habeas corpus petition to the Eastern District of Virginia, but a Trump-appointed judge denied it, citing, among other things, VanVeldhuisen’s conclusion that H may be a danger, “which this Court cannot second-guess.”
一遍又一遍,特朗普的官员们一直要求移民法官提高工作效率。他的第一届政府断言,“高效裁决”符合“国家利益”并设定了配额。他的第二届政府则设定了严格的案件审结最后期限,“以解决前任领导层加剧的大量积压问题”。白宫宣布:“不再有无休止的拖延。只要结果。”
OVER AND OVER, TRUMP OFFICIALS have demanded more productivity from immigration judges. His first administration asserted that “efficient adjudication” served “the national interest” and instituted quotas. His second administration has set strict case-completion deadlines “to address the substantial backlog exacerbated by prior leadership.”“No more endless delays,” the White House declared .
多诺索·史蒂文斯(Donoso Stevens)也相信结果。正因如此,在二月的一个早晨,当她在被降职后发现办公室门外放着七个白色硬纸盒时,她才会感到如此愤怒。行政办公室曾指示法官在30天内对95%的动议作出裁决。现在,在她的门旁,她发现了一百多份范维尔德豪森(VanVeldhuisen)未解决的案卷——全部来自国土安全部,且全部至少滞留了六个月。
“Only results.”Donoso Stevens believed in results, too. That’s what so infuriated her one February morning after her demotion when she discovered seven white cardboard boxes outside her chambers. The executive office had instructed judges to rule on 95 percent of their motions within 30 days. Now, beside her door, she found more than 100 of VanVeldhuisen’s unresolved filings — all from Homeland Security and all at least six months old.
多诺索·史蒂文斯努力想要理解,忽视政府自身的法律请求究竟是如何服务于其“高效裁决”的目标的。而她突然要对其中的每一份文件负责。“这真他妈的难以置信,”她对自己说。
Donoso Stevens struggled to understand how ignoring the government’s legal requests served its own goal of “efficient adjudication.”And she was suddenly responsible for every one of them. “This is f---ing unbelievable,” she said to herself.
多诺索·史蒂文斯在新的职位上已经接手了大约一千份来自非羁押移民的庇护申请,她要求伦德伯格(Lundberg)的工作人员给出解释。在没有得到回应后,她要求举行一次会面。据她讲述,这位法官向他提出了让安嫩代尔(Annandale)变得更高效的方法,但在三月初包含其他管理人员在内的讨论很快变得充满对抗性。
Donoso Stevens, who, in her new role, had already taken on about a thousand asylum applications from immigrants not in detention, demanded an explanation from Lundberg’s staff. When none came, she requested a meeting. The judge pitched him on ways to make Annandale more efficient, she said, but the discussion in early March, which included other administrators, quickly turned combative.
她回忆对方当时厉声说道:“所以你基本上是在告诉我,我所做的一切都是错的。”
“So you’re basically telling me all the things I’ve done wrong,” she recalled him snapping.
多诺索·史蒂文斯离开会场时感到震惊和愤怒。3月6日,法官在一封向《华盛顿邮报》(The Post)宣读了部分内容的电子邮件中,跟进了他们之间的讨论。
Donoso Stevens left the meeting shaken and angry. On March 6, in an email she read parts of to The Post, the judge followed up on their discussion.
她写道:“安嫩代尔移民法庭和更广泛的移民审查执行办公室(EOIR),理所当然且正确地承受着来自司法部(DOJ)和美国人民的巨大压力,要在大幅减少长期案件积压方面做到尽可能的高效。”
“Annandale Immigration Court and the broader EOIR,” she wrote, “are understandably and correctly under significant pressure from DOJ and the American people to be as efficient as possible in significantly reducing the longstanding backlog of cases.”
她为每一项未决动议制作了一份电子表格,并在两个月内全部清理完毕。4月20日,隆德堡签署了她的绩效考核,给予她“满意”的评价,这是可能获得的最高评级。随附的电子邮件显示,她表示,他感谢她为处理这些动议所做的工作。她在笔记中写道,同一天,他在走廊拦住了她:“说我完成案件的工作做得非常棒。”
She created a spreadsheet for every outstanding motion and, over two months, cleared them all. On April 20, Lundberg signed her performance review, grading her “satisfactory,” the highest possible rating. In the accompanying email, she said, he thanked her for her work on the motions. The same day, she wrote in her notes, he stopped her in the hallway: “Said I was doing a great job completing cases.”
5月21日午后刚过,多诺索·史蒂文斯便匆忙离开法院去看医生。一项乳腺X光检查发现了一个肿块,她需要进行另一项检查以确定自己是否患有癌症。无论诊断结果如何,她都打算返回法院参加下午的听证会。
On May 21, Donoso Stevens hurried out of the courthouse just after lunch for a doctor’s appointment. A mammogram had spotted a mass, and she needed another test to determine whether she had cancer. Regardless of the diagnosis, she intended to head back to court for an afternoon hearing.
多诺索·史蒂文斯在家中拍摄肖像照。(阿利森·罗伯特/《华盛顿邮报》供稿)做完扫描后,她被送到候诊室,一名医生正在研究检查结果。在那里,穿着病号服的她注意到了一条来自隆德堡的信息。
Donoso Stevens poses for a portrait at her home. (Allison Robbert/For The Washington Post) After the scan, she was sent to a waiting room while a doctor studied the result. There, in her gown, she noticed a text from Lundberg.

他在下午2时35分写道:“下午好。EOIR(移民审查执行办公室)主任已将您今天上午收到的解雇通知转发给我。我找过您,但您已经离开法院了。”多诺索·史蒂文斯此前从未见过任何电子邮件。她回复道:“我不知道你在说什么。”随后,医生叫她进去:她没有得癌症。
“Good afternoon. The EOIR Director forwarded to me the Notice of Termination that you received this morning,” he wrote at 2:35 p.m. “I looked for you but you had left the court.”Donoso Stevens had never seen an email. “I don’t know what you are talking about,” she replied. Then the doctor called her in: She didn’t have cancer.
在开车返回法院的路上,她意识到,特朗普政府在她即将有资格获得退休金的九个月前解雇了她。隆德堡在大厅里与她见面。他拒绝让她进入室内。
On her drive back to court, she realized the Trump administration had fired her nine months before she would have become eligible for her pension. Lundberg met her in the lobby. He refused to let her inside.
多诺索·史蒂文斯冲了一杯香草拿铁,坐在起居室的沙发上。她穿着运动衫和瑜伽裤,试图说服丈夫去购物,因为她几乎没有别的事可做。她黑色的法袍被叠放在卧室的梳妆台上。接着,她的手机开始震动。
, Donoso Stevens made a vanilla latte and settled onto her living room couch. Wearing a sweatshirt and yoga pants, she tried to talk her husband into a shopping trip, because she had little else to do. Her black robe sat folded in a bedroom dresser. Then her phone started to vibrate.
拥有安嫩代尔案件司法管辖权的美国第四巡回上诉法院驳回了政府的法律论据,该论据曾试图拒绝为每一位非法入境的移民举行保释听证会。“操,”她说。
The U.S. Court of Appeals for the 4th Circuit, which has jurisdiction over Annandale’s cases, had rejected the administration’s legal argument to deny bond hearings to every immigrant who entered the country unlawfully. “Holy s---,” she said.
这是联邦上诉法院就保释金问题作出裁决的11个案件中的最新一起,其中9起对政府不利。最高法院预计将在6月前对此作出裁决,但随着上诉在司法系统中缓慢推进,数千名移民宁愿选择离开这个国家,也不愿在狱中等待。
It was the latest in a series of 11 federal appellate courts that had weighed in on the bond question, nine of them deciding against the government. The Supreme Court is expected to settle it by June, but as the appeals have plodded through the system, thousands of migrants have agreed to leave the country rather than wait behind bars.
对多诺索·史蒂芬斯(Donoso Stevens)而言,9月份的裁决坚定了她举行真实的保释听证会的决心,尽管面临不予举行的压力。当她阅读这份86页的判决书时,手机上不断弹出的短信都传达着同一个意思:你是对的。
For Donoso Stevens, the September ruling affirmed her resolve to hold bona fide bond hearings, despite the pressure not to. As she read the 86-page decision , the texts popping up on her phone all delivered a version of the same message: You were right .
前同事们赞扬了他们所怀疑的、正是这种原则性的坚守葬送了多诺索·史蒂芬斯的职业生涯。
Former colleagues praised the principled commitment they suspected had cost Donoso Stevens her career.
伦德伯格(Lundberg)从未给出解雇她的理由。与其他大多数法官一样,她的解雇信引用了“宪法第二条”,这是对行政部门权力的提及。
Lundberg never provided a reason for her dismissal. Like most judges, her termination letter cited “Article II of the Constitution,” a reference to the executive branch’s powers.
移民审查执行办公室(EOIR)的一位发言在一份声明中写道:“EOIR不断评估所有移民法官,无论其背景如何,评估因素包括操守、公正性/偏见、对法律的遵守、生产力/绩效以及专业精神。”该声明指出,该行政办公室不愿对人事问题发表评论,“包括心怀不满的前雇员对该机构的指控”。
“EOIR continually evaluates all immigration judges, regardless of background, on factors such as conduct, impartiality/bias, adherence to the law, productivity/performance, and professionalism,” a spokesperson wrote in a statement that noted the executive office doesn’t comment on personnel matters, “to include a disgruntled former employee’s allegations against the agency.”
多诺索·史蒂芬斯不愿对她的被解雇进行揣测,因为她已经提出了上诉,这使她成为全美至少十几位认为自己被非法解雇的前移民法官之一。华盛顿特区的一个联邦上诉法院很快将就她可能取决于的核心案件进行口头辩论,但最终,最高法院也可能会解决这个问题。
Donoso Stevens wouldn’t speculate on her firing because she’s appealed it, making her one of at least a dozen former immigration judges across the country who argue they were unlawfully dismissed. A federal appeals court in D.C. will soon hear oral arguments on the central case hers could hinge on, but ultimately, the Supreme Court may settle that issue as well.
在此期间,法律专家表示,司法部对移民法院的改造开创了一个先例,可能会在每当新总统上任时颠覆整个系统:更多的大规模解雇,更多的意识形态录用,以及迎合任何掌权者的更大压力。
In the meantime, legal experts say the Justice Department’s transformation of the immigration court has set a precedent that could upend the system each time a new president takes office: more mass firings, more ideological hirings, more pressure to appease whoever is in charge.
参众两院的民主党人都已推出法案,旨在将法院从行政部门中剥离,赋予其真正的独立性,但由于缺乏共和党人的支持,该立法几乎没有通过的可能。
Democrats in both the Senate and House have introduced bills that would remove the court from the executive branch, affording it true independence, but without Republican support, the legislation has little chance of passage.
多诺索·史蒂文斯说:“我们曾是公职人员,我觉得有什么东西被从我身边夺走了,那是我热爱的东西。政府提出的论点是,根据第二条,我们可以因任何理由被解雇。如果我们容忍这一点,那么我们基本上就成了事实上的政治任命人员。”
“We were public servants, and I feel like something was taken from me, something that I loved,” Donoso Stevens said. “The argument the administration is making is that, under Article II, we can be fired for any reason. And if we allow that, then we are basically becoming de facto political appointees.”
五周后,被多诺索·史蒂文斯的接替者拒绝庇护的阿富汗人H回到了移民法庭。美国政府——那个花费数月时间试图拒绝像他这样的移民保释的同一个政府——请求举行听证会,以决定是否应该释放他。
FIVE WEEKS LATER, H, the Afghan denied asylum by Donoso Stevens’s replacement, returned to immigration court. The U.S. government — the same one that had worked for months to deny immigrants like him bond — had requested a hearing to decide whether he should be released.
政府没有说明原因。H的律师贾斯蒂斯·海恩斯怀疑,国土安全部希望先发制人,以避免第四巡回法院的保释裁决引发任何新的保护人身自由令诉求。
It didn’t say why. H’s attorney, Justice Haynes, suspected Homeland Security wanted to preempt any new habeas petitions prompted by the 4th Circuit’s bond decision.
到那时,30岁的H已经对美国法律体系失去了信心。如果被遣返回阿富汗,他无法承受自己的孩子会遭遇什么,但留下来抗争的压力是如此巨大,以至于他的头发都开始脱落。他的哥哥是一名曾为美军担任翻译的送货司机,在供养两个家庭的同时,艰难地偿还着抵押贷款。H的妻子放弃了英语课,不得不每周去当地的食物救济库。他4岁的女儿不再问爸爸什么时候回家。
By then, H, 30, had lost faith in the American legal system. He couldn’t bear what would happen to his children in Afghanistan if he were sent back, but the stress of staying, and fighting, was so intense his hair had begun to fall out. His brother, a delivery driver who had served as an interpreter for the U.S. Army, struggled to cover a mortgage while he supported two families. H’s wife quit her English classes and had to visit local food banks every week. His daughter, 4, had stopped asking when her dad would come home.
现在,眼圈红肿、带着眼袋的H通过视频屏幕看着他的一名律师进行辩论:在经历了移民及海关执法局长达15个月的扣押后,他应该在各项上诉进行期间被释放。这名律师回顾了他清白的记录、职业履历、社区支持、对孩子的爱以及对这个新国家的忠诚。
Now H, eyes bloodshot and baggy, watched on a video screen as one of his attorneys argued that, after 15 months in ICE detention, he should be released while his appeals proceed. The lawyer reviewed his clean record, professional résumé, community support, love for his kids and devotion to his new country.
随后,在检察官席上,一名国土安全部律师向法庭提及了范维尔德许岑的裁决,后者曾在2月裁定H构成国家安全风险。法官承认,如果不是因为那项决定,她本会将他释放。
Then, from the prosecutor’s table, a Homeland Security attorney reminded the court of the ruling from VanVeldhuisen, who had decided in February that H was a national security risk. If not for that decision, the judge acknowledged, she would release him.
“但我无法撤销另一名法官已经做出的裁决,”她说,“我的手真的是被捆住了。”
“But I can’t undo what another judge already found,” she said. “My hands are really tied.”
多诺索·史蒂文斯的法官长袍挂在她家里的一个钩子上。(阿利森·罗伯特/《华盛顿邮报》特约)因此她拒绝了保释。当H回到他的牢房时,他再次想象着,如果这个案件在好几个月前由多诺索·史蒂文斯做出裁决,他的人生会有多么不同的走向。
Donoso Stevens’s judicial robe hangs from a hook at her home. (Allison Robbert/For The Washington Post) So she denied bond. As H returned to his cell, he once more imagined how differently his life might have unfolded if the case had been decided all those months ago by Donoso Stevens.

“我想我的第一位法官,”H后来谈到,“她是这种政治的牺牲品。”
“I think the first judge I had,” H said later, “she was a victim of this politics.”
“她是公正的,”他补充道,因为她听取了他的故事,仔细审查了事实并向政府提出了质疑,正如他一直认为美国的法官应该做的那样。
“She was fair,” he added, because she had listened to his story and scrutinized the facts and challenged the government, as he always thought judges in America were supposed to do.
有人告诉他,法院可能还需要一年时间才能决定是让他回到家人身边,还是把他送到塔利班那里。
He’s been told it could take another year for the courts to decide whether to let him go back to his family, or send him to the Taliban.