Immigration courts are already overwhelmed, with only 301 judges across the U.S. to hear over half a million cases. In fact, a single immigration case takes an average of nearly 700 days just to get to the first hearing. Now with Donald Trump unshackling immigration agents in order to ramp up deportations, already-backlogged immigration courts could become even more swamped. Lindsay Harris, asylum attorney and Assistant Professor of Law at the University of the District of Columbia, details the hardships that delays from these backlogs can cause on folks like asylum seekers in a Univision op-ed:
While an asylum seeker is awaiting a decision in their case, they often face financial instability, difficulty finding employment and prolonged separation from immediate family members. Years of delay also make it more difficult for immigrants to find pro bono legal representation.
Meanwhile, the Department of Homeland Security Secretary John Kelly has cited the “historic backlogs” in immigration courts to justify increasing expedited removals.
There’s evidence that such expedited removals circumvent due process for asylum seekers. In some cases, U.S. border officials have even failed to properly implement safeguards to protect asylum seekers from being returned to harm or death. Recently, the U.S. government did not attend a hearing before the Inter-American Commission on Human Rights regarding Customs and Border Patrol illegally turning asylum seekers away from our southern border.
The nonprofit Human Rights First estimates that the U.S. needs at least 524 judges working to address the immigration court backlog, in addition to more law clerks and administrative support.
More asylum officers are also needed. Human Rights First estimates that with 800 asylum officers on the job, we could get rid of the backlog by 2022.
“Since 2002, funding for immigration enforcement has more than quadrupled, from US $4.5 billion to $20.1 billion in 2016,” notes Harris. But “during the same time period, resources for immigration courts have increased by much less—74 percent.” Trump’s budget request includes billions for construction of a wall, hiring more immigration agents, and adding thousands more detention beds. “In comparison, the fiscal 2018 budget requests $80 million to add 75 new immigration judges.”
Trump should listen to the experts: “Solving the problem of our nation’s backlogged immigration courts should be a priority for any administration to ensure that the system functions in a timely and efficient manner.” Check out this USA Today piece with more details on the workloads of immigration judges in Miami, Los Angeles, and San Antonio.