The backlog in America’s immigration courts keeps growing

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Joe Biden’s apparently softer stance on immigration, as well as the pressures of the pandemic, have encouraged ever more people to try to cross the border illegally

is by no means the end of the journey for those hoping to enter and be given permission to stay. Migrants must then join an ever-lengthening administrative queue to make a plea to do so before a judge. And now, even the question of where they wait is contested.

The new president’s apparently softer stance on immigration, as well as the pressures of the pandemic, have encouraged ever more people to try to cross the border illegally. Their number is now the highest in 21 years. In the past seven weeks alone, border agents have sent nearly 50,000 cases to the courts. That is increasing pressure on the country’s already overstretched courts. According to the, a data research centre founded at Syracuse University, immigration courts have nearly 1.

The job of deciding whether or not a migrant can stay in America, either as an asylum seeker or on other grounds, falls to 535 judges across 68 immigration courts—on average almost 2,800 cases per judge. Were the judges to rule on three to four cases every business day, it would take at least two-and-a-half years to clear the docket. Scheduling interruptions caused by the pandemic, and the multiple hearings and appeals for each case exacerbate the problem.

The average wait time for a case to get through the system is two and a half years. For asylum seekers, it is nearly four years. To speed things up Mr Biden has proposed extending the authority to grant asylum to agents from the Citizenship and Immigration Service. To clear the backlog, judges have said they need more staff and less bureaucracy, according to a report from the National Association of Immigration Judges.

 

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A boom for immigration lawyers? Or it it all handled by public servants?

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