How court backlogs slow down migrant deportations
How court backlogs slow down migrant deportations
The Trump administration is cracking down on immigration and ramping up efforts to deport migrants with criminal backgrounds. But by law, before they can be deported, they are required to have a final order of removal. FOX 5 NY’s Jessica Formoso explains why this process can take years.
NEW YORK - The Trump administration is cracking down on immigration and ramping up efforts to deport migrants with criminal backgrounds. But by law, before deportation, they are required to have a final order of removal – and this can take years.
The U.S. immigration court system is overwhelmed with a backlog of over three million cases, leaving many migrants in limbo as they wait for legal status.
‘This is among the worst backlogs’
What we know:
Last year, the Executive Office for Immigration Review received nearly 1.8 million new immigration cases, ending with a backlog of over 3 million cases. Migrants must have a final order of removal from an immigration court before deportation, but the courts are understaffed, causing delays.
Migrants in New York City are arriving at ICE offices and immigration courts as early as 5 a.m. to see a judge or speak with an attorney for legal advice.
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Immigration attorney Naresh Gehi estimates that, on average, cases take three to four years to process, with asylum seekers waiting at least five months just to apply for a work permit.
The backstory:
The backlog has been worsened by the lack of prosecutorial discretion during the Trump administration and the impact of COVID-19, which paused court proceedings. The U.S. Citizenship and Immigration Services reported a reduction in backlog for the first time in over a decade, yet it remains over 4 million.
Migrants wait months for work permits
What they're saying:
"This is among the worst backlogs I'm seeing in my career," Gehi told FOX 5.
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"We had, under the Trump administration, there was a tremendous amount of backlog because there was no prosecutorial discretion in the immigration court, every client case that was in court had to be heard," said Cheryl David, an immigration attorney. "Then we had COVID, we didn't have court for quite some time, and then cases were taken off the docket, some cases still have not been placed back on the docket. Then we obviously had a surge in immigration over the last few years."
By the numbers:
- 1.8 million new immigration cases were filed last year.
- 3+ million cases are currently backlogged in the immigration system.
- 479,000 cases were resolved last year, marking progress but still leaving millions in limbo.
- 5 months is the minimum wait time before an asylum seeker can apply for a work permit.
- 3 to 4 years is the estimated wait time for most cases to be heard.
The other side:
Migrants, like Jefferson Chiffer from Venezuela, endure long waits and harsh conditions to attend immigration appointments. Many arrive early in the morning, braving the cold, to progress their cases. The process is complicated, but not impossible, offering hope for legal status.
Migrants seeking asylum must apply within the 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.