Government shutdownImmigration court cases in limbo during government shutdown
The shutdown of the U.S. federal government has left hundreds of thousands of immigration cases in limbo. Immigration lawyers note that it is likely that political asylum cases and deportation cases would be deemed non-urgent, and could thus be put off for months if the government shutdown continues. “Situations change. Memories fade. Evidence gets lost,” one immigration lawyer said. “If you have a court date now, and it is kicked off the calendar, it could be a matter of life and death.”
The shutdown of the U.S. federal government has left hundreds of thousands of immigration cases in limbo.
Lauren Alder Reid, the counsel for legislative and public affairs for the Executive Office of Immigration Review (EOIR), told Fox News Latino that immigration court judges are hearing cases involving people who are in detention, but leaving many others on hold.
“All other functions are suspended until we have funding,” Alder Reid said.
Immigration lawyers note that it is likely that political asylum cases and deportation cases would be deemed non-urgent, and could thus be put off for months if the government shutdown continues.
These lawyers say that there is already a back-up of 350,000 asylum seekers, and that the shutdown means that the situation will only get worse.
“This is a nightmare. It is already a nightmare, because of the huge backlog in the court system,” Judy London, a lawyer with the Public Counsel agency in Los Angeles, told the Washington Post. “When we go into court, we are often told the first available trial date is a year later. This could mean more delays of months, or even another year.”
Immigration lawyer said that only about 10 percent of asylum applicants are detained and therefore will be allowed to keep any scheduled court date. For the rest, they said, every delay in the judicial process can make a crucial difference.
“Situations change. Memories fade. Evidence gets lost,” Greg Chen, advocacy director for the association, told the Post. “If you have a court date now, and it is kicked off the calendar, it could be a matter of life and death.” Chen said that heavy court backlogs means that canceled hearings cannot be quickly rescheduled.
EOIR said that eighteen courts are fully operating, twenty-five courts are partially opened, and sixteen are closed because they hear only non-detained cases.
The U.S. Citizenship and Immigration Services (USCIS), is continuing to operate because it is funded mostly by user fees, so it is less susceptible to budget disruptions.
The Board of Immigration Appeals, which operates under the Justice Department, will continue to handle claims for emergency relief from deportation, said the Post.
