Advertisements
Home News How Court Backlogs Delay Migrant Deportations

How Court Backlogs Delay Migrant Deportations

by Celia
Immigration

The Trump administration has intensified efforts to deport migrants with criminal records. However, by law, migrants must first receive a final order of removal from immigration courts, a process that can take years. This is due to a massive backlog in the U.S. immigration court system.

Advertisements

Key Facts: Last year, the Executive Office for Immigration Review received nearly 1.8 million new immigration cases, resulting in a backlog of over 3 million cases. Migrants need a final order of removal from immigration courts before they can be deported. However, the courts are understaffed, leading to significant delays.

Advertisements

In New York City, migrants often arrive at ICE offices and immigration courts as early as 5 a.m. to see a judge or consult with an attorney for legal advice.

Advertisements

Impact of Backlogs: The backlog has worsened due to the lack of prosecutorial discretion during the Trump administration and the COVID-19 pandemic, which paused court proceedings. The U.S. Citizenship and Immigration Services reported a slight reduction in the backlog for the first time in over a decade, but it remains over 4 million cases.

Expert Insights: “This is among the worst backlogs I’ve seen in my career,” said immigration attorney Naresh Gehi. He estimates that cases typically take three to four years to process, with asylum seekers waiting at least five months just to apply for a work permit.

Cheryl David, another immigration attorney, explained, “Under the Trump administration, there was a tremendous backlog because there was no prosecutorial discretion in the immigration court. Every case had to be heard. Then COVID-19 hit, and courts were paused for a while. Some cases were taken off the docket and have not been placed back on.”

Migrant Experience: Migrants, such as Jefferson Chiffer from Venezuela, face long waits and harsh conditions to attend immigration appointments. Many arrive early in the morning, enduring cold weather, in hopes of progressing their cases. The process is complex but not impossible, offering some hope for legal status.

Asylum Process: Migrants seeking asylum must apply within their first year of arrival. After applying for political asylum, they can apply for a work permit after five months. Missing court proceedings can result in removal orders, making legal representation crucial for navigating the system.

Read more:

Advertisements

You may also like

logo

Bilkuj is a comprehensive legal portal. The main columns include legal knowledge, legal news, laws and regulations, legal special topics and other columns.

「Contact us: [email protected]

© 2023 Copyright bilkuj.com