court backlog

NYT Notes ‘Border Kid’ Crisis Is Not Over, But Has Moved

September 15, 2015 By CCM Staff

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

The New York Times has an important story about the “Border Kids” who arrived in the country amid headlines last summer. The paper notes that the number of kids has dropped, but the crisis has moved to courts. Meanwhile, a federal judge in California has given the U.S. government mere weeks to shut down several “family detention” centers because they are illegal.

On the court crisis, the NYT backgrounder is that “… about 84,000 children were apprehended at the Southwest border during the 2014 fiscal year and the first six months of the 2015 fiscal year, according to the Border Patrol. Of the 79,088 removal cases initiated by the government, 15,207 children had been ordered deported as of June, according to the Migration Policy Institute, a nonpartisan research group in Washington.

“While a small percentage of children have been granted asylum, most are seeking relief from deportation by applying for special immigrant juvenile status, federal officials said. And yet, rather than their claims being expedited, 69 percent of the children on the priority docket still have cases pending, statistics show.

“The burden is far more difficult for children if they do not have a lawyer — a right not granted to defendants in immigration courts — especially because of the accelerated time frame the government established for their cases. After being released to a sponsor, usually a relative, they are on the clock: They are required to make their first court appearance within 21 days of the court’s receiving their case to contest their deportation.”

Read the excellent report here: Immigration Crisis Shifts From Border to Courts

For a refresher on the Family Detention Center, check out our late August blogs, “Obama Admin. Fighting To Keep Family Detention Centers” and “Judge Orders Govt. To Release Detained Kids.”

Filed Under: Border Kids, Courts Budget, National Tagged With: 9th Circuit Court of Appeals, Border Kids, California, children, court backlog, court budget, court funding, Dreamers, family detention center, federal court, illegal aliens, illegals, immigration, immigration reform

Obama Admin. Fighting To Keep Family Detention Centers

August 27, 2015 By CCM Staff

As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says “stop separating families” during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

Politico and others are reporting that the Obama administration is asking a federal judge to reconsider her ruling that the U.S. must release of tens of thousands of immigrant mothers and children who tried to cross the southern border illegally. Says Politico: “… in a 60-page response filed late Thursday, Justice Department lawyers argued that family detention facilities run by the Department of Homeland Security are a necessary tool to help deter illegal migration to the United States.”

The judge’s order is starting to gain notice, as has the family detention issue. President Obama also finds himself at odds with his own party, according to Politico, which reports that “… detaining immigrant families caught at the border have run into steep opposition from Democrats on Capitol Hill. Nearly all members of the House Democratic Caucus signed onto a letter circulated last week by Rep. Zoe Lofgren (D-Calif.), a former immigration attorney who is the ranking member on a House subcommittee overseeing the policy.”

“It is long past time to end family detention,” the House Democrats wrote in the letter. “In light of this recent federal court ruling, we urge you take all necessary and appropriate steps to bring the Department’s practices in line with the settlement agreement and the recent court ruling.” Keep track of the slow-burning fuse here:

Read more: DOJ fights family detention ruling (Politico)

Filed Under: Border Kids, Community, Courts Budget Tagged With: Border Kids, court backlog, court budget, court funding, immigration, immigration reform

L.A. Times Calls Out Congress Over Immigration Court Backlog

August 26, 2015 By CCM Staff

In a major editorial, the Los Angeles Times is calling upon Congress to fix the immigration court backlog and offers some compelling numbers in the process: “… over the last 10 years, the workload of the federal immigration court system has increased by 146% to an astounding 453,948 active cases at the end of July. The average amount of time each of those cases has been pending: 627 days. Some have been lingering for years.”

The LAT also notes that the backlog effects are exactly what we don’t want: People who have no legal right to be in the country get lengthy reprieves simply because the judges can’t get to their cases while those with legit claims are left “twisting in the wind.”

The editorial says that “… the reason for the enormous backlog is clear. While the government has poured money into enhancing border security — the number of border agents has nearly doubled to 21,000 in the last decade — it has failed to similarly increase the capacity of the immigration court system that hears deportation cases. According to a recent report, immigration enforcement budgets increased 300% from 2002 through 2013, but immigration court budgets rose only 70%.

The immigration courts are really an international embarrassment for the United States. The LAT editorial shows just how bad it is, and why it’s likely to get worse: The immigration court backlog: Why won’t Congress act?

Filed Under: Border Kids, Community, Courts Budget Tagged With: Border Kids, court backlog, court budget, court funding, immigration, immigration reform

California, Texas Lead In Immigration Court Delays

July 15, 2015 By CCM Staff

It may the one of the few places where Texas does not mind being second to California: immigration case backlog. A Houston Chronicle newspaper report notes that “… the stack of cases at Texas’ overburdened immigration courts grew by nearly 60 percent since October 2013, bringing the state’s pending cases to a record high of nearly 77,000, making it the largest backlog in the country after California.”

The delays are truly staggering, especially for younger people. The Chronicle says “… nationwide it now takes an average of 604 days to process an immigration case, according to an analysis of federal data through April by Syracuse University’s Transactional Records Access Clearinghouse. In Houston, where the pending case load grew by 13 percent from late 2013 to nearly 32,000 so far this year, the highest in the state, the delay is 636 days.”

That’s to be “processed.” Some cases are taking five years to resolve. The HC explained that “… the long overburdened and underfunded immigration court system has been further overwhelmed by the influx of more than 67,000 unaccompanied Central American children who streamed across the Southwest border in 2014. In response, the Obama administration prioritized their cases and those of other migrants who arrived here last year to deter more from coming.” That means folks waiting years for a day in court might have to wait years longer.

(Immigration courts are not criminal courts, but rather an administrative function of the Justice Department and are considered civil cases.) Read more here.

Filed Under: Border Kids, Community Tagged With: asylum, Border Kids, california courts, court backlog, detainees, federal courts, ICE, immigration, immigration court, Texas courts

Judge: 2-Year Waits Triple In Budget-Cut Courts

March 30, 2015 By CCM Staff

The number of Los Angeles County civil cases facing delays of more than two years has tripled in the wake of budget cuts, according to Carolyn Kuhl, Los Angeles Superior Court’s presiding judge, She also tells NPR station KQED that “.. L.A. made 10 percent across-the-board cuts to court services in 2012, but it wasn’t enough. So the next year, they made further cuts. In all, 79 courtrooms were shuttered, limiting where people can contest traffic tickets or adjudicate small claims cases. The court has also cut mediation services and eliminated court reporters in civil cases.”

Kuhl noted that “… the setbacks are especially disheartening because she and others have worked for decades to shorten the amount of time it takes to resolve civil cases… and to see those gains essentially be lost — as we now have delays such that the number of cases pending over two years has tripled — is very discouraging.”

The judge’s comments are part of increased media coverage as the state budget process nears its annual decision-making point. Read the story here.

Filed Under: Community, Courts Budget Tagged With: california court cuts, civil court, court backlog, LA County Court, Legal news

Immigration Courts Face Obama Actions

December 11, 2014 By CCM Staff

President Obama’s executive actions on immigration will impact the civil courts system, but it’s hard to know how soon that will happen – or how much the impact will be. Southern California public radio station KPCC is reporting it as “promising news” for immigration judges “… who have long sought more resources for their busy courtrooms, says Bruce Einhorn, a former immigration judge who served in the LA courts for more than 15 years.”:

As reported in SCPR, “A judge hears the cases of immigrant teens in Los Angeles.”

The KPCC reports says that a typical judge in Los Angeles has about 2,500 cases on their docket, which means an average case takes more than two years to reach a decision, but that could change with Obama’s action. Einhorn, said it will take time to see the effects on the ground. One group that will likely not find relief are the thousands of child migrant cases that are working their way through the courts. As Take Two has been covering on the program, more than 7,000 children are being heard in Los Angeles alone. Since they arrived in the country within the past five years, they probably will not qualify under the new rules from Obama.

Read and listen to the report here: Obama’s actions could affect thousands at LA’s immigration courts.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: access to justice, Border Kids, budget cuts, california courts, court backlog, court rationing, immigration, KPCC, Los Angeles, Obama, White House

A.G. Holder Exiting Amid ‘Unfinished’ Work With Immigration Courts

September 26, 2014 By CCM Staff

While praising his actions to bring the first Justice Department action against states over immigration laws, a leading immigration activist says U.S. Attorney General Eric Holder – or his replacement – has work to do on the nation’s immigration courts. The civil immigration system is operated by Holder’s Justice Department, and the judges are Justice Department employees.

The ongoing immigration court crisis, with its 400,000-case backlog and fast-tracking of suddenly high-profile Central American children seeking entry to the United States, is not gaining widespread coverage as news organizations ponder the Holder legacy. But Marielena Hincapié, director of the National Immigration Law Center, noted the issue after first praising the A.G. for “helping to establish immigration as an important area of civil rights.”

She told The Washington Post that “… we really saw an attorney general and a department of justice that was willing to lead on these issues and to take risky moves.” But, the Post added, “… yet she added that Holder (or his successor) still has some important unfinished business with regard to the country’s immigration courts, which are overseen by the Justice Department and are overwhelmed with cases.”

Read the WaPo’s story here: Here’s a look at the most important moments in Eric Holder’s tenure

Filed Under: Border Kids, Community, Courts Budget Tagged With: access to justice, court backlog, court budget, court cutbacks, DOJ, Eric Holder, immigration, immigration reform, Justice Department

Immigration ‘Rocket Docket’ Raises Ire In S.F.

September 8, 2014 By CCM Staff

Local officials in San Francisco are raising issues with the Department of Justice “rocket docket” for unaccompanied Central American minors who were caught or surrendered to authorities at the U.S. border. The San Francisco Bay Guardian newspaper is reporting that courts are now “… cramming through as many as 50 cases daily.”

“This new docket is dramatically accelerating the pace for the cases of newly arrived, traumatized children and families from Central America,” Robin Goldfaden of the Lawyers Committee for Civil Rights Bay Area wrote in an email to the Bay Guardian. “For many, a wrong decision can mean being sent back to unspeakable harm – brutal beatings, rapes, even death. … But nonprofit legal services providers, already stretched beyond capacity, simply do not have the number of attorneys and other staff required to meet the ever-rising level of need.”

At the Sept. 2 Board of Supervisor’s meeting, one county official proposed a budgetary supplemental to allocate $1.2 million for legal representation for unaccompanied youth being processed in immigration court in the Bay Area. “Under international law, many of these kids would actually qualify as refugees,” said the official. “And many of them have cases that would allow them to be protected by immigration law in the US…”

Read the story here: Kids pushed through immigration court at lightning speed while supes debate legal aid funding | SF Politics

Filed Under: Border Kids, Community, Courts Budget, National, Refugee Children Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, DOJ, immigration, immigration crisis, immigration reform, refugee children, Rocket Docket, San Francisco, Seatlle, US Justice Department

S.F. Stepping Up In Border-Child Crisis

September 5, 2014 By CCM Staff

Citing its tradition of being a “Sanctuary City” for immigration, documented or not, San Francisco has become the first California city to provide funding for attorneys representing immigrants facing deportation. The money will go through the nonprofit Lawyer’s Committee for Civil Rights. It’s an important move, in part, because government funding including most federal programs cannot pay for representing immigrants in deportation situations.

Terry Collins of the Associated Press reported that “.. since January, nearly 200 children in San Francisco who entered the country unaccompanied by an adult now have adult sponsors and cases pending in immigration court, the U.S. Health and Human Services Department reported… advocates believe there are hundreds more children who have sought refuge in the city without a sponsor, officials added.”

The AP report also noted that “… the U.S. Justice Department has ordered immigration courts to make cases involving unaccompanied minors entering the country a priority. California has the largest backlog of immigration court cases, followed by Texas and New York, according to the Transactional Records Access Clearinghouse at Syracuse University. While San Francisco is the first Golden State city to offer attorney-focused assistance, the city of New York has a similar program and the state of California is spending several million dollars on the issue.

Filed Under: Border Kids, Community, Courts Budget Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, DOJ, immigration, immigration crisis, immigration reform, refugee children, San Francisco, US Justice Department

SoCal Civil Court Backlogs With Child Immigration Cases

September 3, 2014 By CCM Staff

Southern California Public Radio has an important new piece on how Los Angeles courts are handling the immigration crisis of unaccompanied Central American children. Reporter Dorian Merina quotes one judge noting that “… other federal judges hear about 500-600 cases a year” while typical immigration judges in L.A. hear three times as many, or up to 1,600 on average.

The judge explains that the situation “.. has led to an historic backlog of cases in the immigration court system nationwide” and that there are about 375,000 pending cases as of June this year, the highest it’s ever been, according to government enforcement.

The report also addresses the issue of legal representation, saying that “… of the 7,729 juvenile cases currently in the L.A. courts, just under half, or 3,516, face proceedings without a lawyer, according to TRAC data. (Unlike criminal cases, immigration courts are considered administrative hearings and attorneys are encouraged, but not guaranteed.)”

It’s a troubling report from the nation’s largest immigration court: LA’s immigration courts overwhelmed by child migrant cases

Filed Under: Community, Courts Budget, Refugee Children Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, immigration, immigration crisis, immigration reform, refugee children