In US Immigration Courts, Case Numbers Are 'Unprecedented'

3M are currently pending and clogging the system, triple the number in 2019
By Newser Editors and Wire Services
Posted Jan 15, 2024 9:35 AM CST
In US Immigration Courts, Case Numbers Are 'Unprecedented'
An officer directs people into a courtroom on Wednesday in an immigration court in Miami.   (AP Photo/Wilfredo Lee)

Eight months after crossing the Rio Grande into the United States, a couple in their 20s sat in an immigration court in Miami with their three young children. Through an interpreter, they asked a judge to give them more time to find an attorney to file for asylum and not be deported back to Honduras, where gangs threatened them. Judge Christina Martyak agreed to a three-month extension, referred Aaron Rodriguez and Cindy Baneza to free legal aid provided by the Catholic Archdiocese of Miami in the same courthouse—and their case remains one of the unprecedented 3 million currently pending in immigration courts around the United States, per the AP.

Fueled by record-breaking increases in migrants who seek asylum after being apprehended for crossing the border illegally, the court backlog has grown by more than 1 million over the last fiscal year, and it's now triple what it was in 2019, according to government data compiled by Syracuse University's Transactional Records Access Clearinghouse. About 261,000 cases of migrants placed in removal proceedings are pending in the Miami court—the largest docket in the country. That's about the same as were pending nationwide a dozen years ago, said Syracuse University professor Austin Kocher. Judges, attorneys, and migrant advocates worry that's rendering an already strained system unworkable, as it often takes several years to grant asylum-seekers a new stable life and to deport those with no right to remain in the country.

The backlog includes migrants who've been in the US for decades and were apprehended on unrelated charges, but most are new asylum-seekers who declare a fear of persecution if they're sent back, Kocher added. Backlogged courts, administered by the Justice Department, often get little attention in immigration debates, including in current Senate negotiations over the Biden administration's $110 billion proposal that links aid for Ukraine and Israel to asylum and other border policy changes. When migrants are apprehended by US authorities at the border, many are released with a record of their detention and instructions to appear in court in the city where they're headed. That information is passed on from the Department of Homeland Security to the Justice Department, whose Executive Office for Immigration Review runs the courts, so that an initial hearing can be scheduled.

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"They're just being released without any idea of what comes next," said Randy McGrorty, executive director of Catholic Legal Services for the Archdiocese of Miami, which has seen hundreds of thousands of migrants join its diaspora communities. So many migrants go to them for advice that, in the last couple of years, they've largely switched to teaching how to self-petition and represent themselves before judges. "Sometimes hope already sinks," said Mayra Cruz after her case was also granted an extension by Martyak because the Peruvian migrant doesn't have an attorney. "But here I've felt a bit safer." More here.

(More border crossing stories.)

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