Caseload in U.S. immigration court is soaring, with new claims piling up faster than they can be cleared.
Carlos Aldana plays with his daughters Fernanda and Alejandra Aldana-Ramos as his partner, Elvia Ramos, watches at his sister's house in Seattle, where the family, from Honduras, is staying awaiting a court decision on their asylum cases. Looming over the Trump administration’s struggle to curb illegal immigration is a challenge that no amount of razor wire, troops or steel fencing can fix.
“We don’t need a court system,” he told Fox Business Network anchor Maria Bartiromo this week. “We have a court system that is — has 900,000 cases behind it. In other words, they have a court which needs to hear 900,000 cases. How ridiculous is this?” But the system is still falling behind because of the surge at the border. As of March, the average immigration case had been pending for 736 days, according to Syracuse University’s Transactional Records Access Clearinghouse center, which compiles immigration court data.
Issuing work permits allows asylum seekers to support themselves and avoid relying on taxpayer assistance, but the nonpartisan Migration Policy Institute said in a report last year that soaring numbers of permits might also be a sign of abuse. For migrants living in the United States whose asylum claims are weak, the backlog can be a blessing, affording them more time to work legally before facing the possibility of deportation. By the same token, it can hurt claimants with strong cases who want to start laying down roots but are stuck in limbo, unsure whether they ultimately will be allowed to stay.
Tabaddor, a California judge who said she was speaking in her capacity as head of the union that represents U.S. immigration judges, said the administration has added more judges in the past two years than during any previous span. But that has not translated to a greater ability to handle more cases because clerks and other support staff have not been added, even as the Trump administration has started imposing quotas on the number of cases that judges are expected to clear.
She said she has clients who have been waiting as long as 10 years for their cases to be decided, and now could be bumped by the new priorities.
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