People who study tests, whether they are good tests are not, use the concept of “reliability.” A reliable test is one that measures the knowledge of material consistently across time, individuals, and situations. So for example, if you give a history test on Monday and 20 percent get A’s and 20 percent get F’s, and then you re-test the next Monday and a different 20 percent get A’s and F’s, the test is not reliable. In the immigration context, people…

These were the words of Judge Richard A. Posner of the Seventh Circuit Court of Appeals in the case of Sabri Samirah v. Eric Holder during oral argument  in Chicago on September 8, 2010. Having gleaned my understanding of the case from the oral argument, these are apparently the facts of the case.

In 2005, immigration lawyers were all embroiled in advocacy and outrage over REAL ID legislation pending in Congress. The media covered the major purpose of the bill, requiring the states to issue drivers licenses and other identification only to documented aliens. The fact that undocumented aliens now cannot get drivers licenses or renew existing licenses in most states is attributable to the REAL ID Act. Immigration lawyers were not that involved in ID issues. Rather there were other aspects of…