Once again it is dealing with a surge in claims that it is ill-equipped to manage, running the risk of creating a large backlog that, if not tackled promptly, may take years to bring to final resolution. This Independent Review was initiated due to lower than expected productivity at the Refugee Protection Division, which became apparent as intake increased in and
Arthur is a resident fellow in law and policy at the Center for Immigration Studies. The immigration courts' "case backlog — cases pending from previous years that remain open at the start of a new fiscal year — more than doubled from fiscal years [ FY ] through There are too few judges and support staff to do the job adequately.
Increases in Benefits and Leave. IJs are government employees, and as they get more seniority, they receive more leave. This limits the amount of time that is spent hearing cases.
Those surge cases were also more complicated than cases involving single adult males, requiring more courtroom time and continuances per case.
Recent federal court decisions have complicated IJs removal decisions, slowing proceedings and requiring additional continuances. Policies instituted in the last administration led to numerous continuances, as aliens sought counsel and applied for relief or discretionary closures, release, or termination based on those policies.
A crushing docket adds Illegal immigration causes and solutions the stress of being a judge, and as that stress rises, performance logically suffers. This, in turn, results in more reversals and remands, adding even more cases to the backlog. Trump administration policies will, if properly implemented and supported by congressional appropriations, ease and begin to reduce the backlogs: The attorney general has stated that he will hire significantly more IJs in the next two years, and streamline the hiring of IJs.
Changes to interior enforcement policies will reduce the incentives for aliens to remain in the United States and fight meritless cases.
Rescission of Obama-era policies will also reduce the incentives for aliens to remain in removal proceedings. There is more that the administration can do, however: The attorney general must use his certification authority to set stricter standards for IJs to follow in granting continuances.
The Department of Justice must vigorously litigate cases in the federal circuit courts to provide the IJs with more "bright-line" rules to follow in deciding cases, and to limit variations in the law among circuits.
Often called the 'congressional watchdog,' GAO investigates how the federal government spends taxpayer dollars. As of February 2,half of courts [sic] had master calendar hearings scheduled as far as January or beyond and had individual merits hearings, during which immigration judges generally render case decisions, scheduled as far as June or beyond.
However, the range of hearing dates varied; as of February 2,one court had master calendar hearings scheduled no further than March while another court had master calendar hearings scheduled in May — more than 4 years in the future. Similarly, courts varied in the extent to which individual merits hearings were scheduled into the future.
As of February 2,one court had individual hearings scheduled out no further than March while another court had scheduled individual hearings 5 years into the future — February Specifically, there were abouttotal case receipts in fiscal year andin fiscal year The number of new cases filed in immigration courts decreased over the year period but fluctuated within this period.
New case receipts increased about four percent between fiscal year and fiscal yearfrom aboutcases to aboutcases, but declined each year after fiscal yearwith the exception of an increase in fiscal year Overall, new case receipts declined by 20 percent after fiscal year to aboutduring fiscal year Incredibly, GAO found, "the number of immigration court cases completed annually declined by 31 percent from fiscal year to fiscal year — from aboutcases completed in fiscal year to aboutcompleted in ," even as the number of IJs increased by 17 percent over that year period.
During this year period, the number of cases that were decided on the merits of the case declined from 95 percent of all cases completed in FY to 77 percent completed in FYwhile the number of cases administratively closed increased.
An [IJ] may grant administrative closure for various reasons, including in cases for which DHS exercises prosecutorial discretion and requests a case to be administratively closed because the respondent does not meet enforcement priorities.
A judge may also administratively close a case where the respondent plans to apply for certain immigration benefits under the jurisdiction of USCIS, such as an unaccompanied alien child's initial asylum claim, or other forms of relief due to specific circumstances such as being the victim of a severe form of trafficking in persons or certain qualifying crimes.
An immigration judge can return an administratively closed case to the calendar at his or her discretion or at the request of the respondent or DHS attorney.
The primary consideration for an immigration judge in evaluating whether to administratively close or recalendar proceedings is whether the party in opposition has provided a persuasive reason for the case to proceed and be resolved on the merits; and in considering administrative closure, the judge cannot review whether an alien falls within DHS's enforcement priorities.
In particular, GAO found that "[i]nitial case completion time", that is, "the time period between the date EOIR receives the [removal case charging document, the Notice to Appear [ NTA ] from the Department of Homeland Security] and the date an [IJ] issued an initial ruling on the case" 29 grew "more than fivefold" 30 between FY and FYwith the "median initial completion time for cases" increasing "from 43 days in FY to days in FY As the GAO noted logically: Most critically, the cases in which the largest number of continuances that GAO identified were issued, those with "four or more continuances," increased from 9 percent of cases completed in FY to 20 percent of cases completed in FY In contrast, cases with four or more continuances took an average of days to complete" that year.
A variety of factors, some of them susceptible to analysis, others less so, contributed to what has become a vicious circle of backlog, delay, and continuance. Resources The first is resources. There are, simply put, too few judges and complementary staff to adequately do the job.
With the swearing-in of 11 new IJs in Junethere are so-called "adjudicator" IJs, including assistant chief IJs in the field who hear some cases. IJs are not the only resource in short demand.There is, of course, a legitimate argument for some limitation upon immigration.
We no longer need settlers for virgin lands, and our economy is expanding more slowly than in the nineteenth and early twentieth century. Illegal immigration to Schengen and to Europe in general was increasing sharply since approximately early The main causes for this increase are the conflicts that followed the Arab Spring; in particular, the civil war in Syria .
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Illegal immigration to the United States is the unlawful entry of foreign nationals into the United States, and the remaining in the country of admitted foreign nationals after the expiration of their U.S.
visas or parole documents. Earlier naturalization laws were followed by the and Acts prohibiting Chinese immigrants. A act required immigrants to learn English in order to. Immigrants—regardless of legal status—commit crimes at lower rates than native-born citizens. Survey of key research concludes that policies further restricting immigration .
Finding A Solution For Illegal Immigration. By Dr. Tracy Miller January 8, at pm Something is fundamentally wrong when one federal law makes it illegal to hire undocumented immigrants while other laws prohibit firms from considering an applicant’s nationality, citizenship, or immigration status in hiring decisions.