SoCal Civil Court Backlogs With Child Immigration Cases

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

Journalist Notes Change In U.S. ‘Trick’ Deportations

Los Angeles-based journalist Charles Davis, writing online at VICE, has noted changes in one of the more troubling immigration polices coming to light amid the ongoing child-refugee border crisis. He reports on an Aug. 27 court settlement that “… the [U.S] government will no longer use ‘threats,’ ‘misrepresentations,’ or ‘subterfuge’ in order to trick undocumented immigrants into agreeing to voluntarily deport themselves.”

Davis quotes from written arguments by Gabriel Rivera and Mitra Ebadolahi from the ACLU of San Diego and Imperial Counties: “For years, countless families throughout Southern California have been torn apart by immigration enforcement agencies’ coercive and deceptive ‘voluntary return’ practices… as a matter of standard practice, ICE and Border Patrol have misinformed immigrants about the consequences of ‘voluntary return,’ including withholding the fact that ‘voluntary return’ can trigger a ten year bar against returning to the United States.”

The VICE post paints a truly alarming picture of what’s been going on in our immigration process, including intimidation and suggesting that failure to “go along” might mean trouble for family members.

You can read it here.

Mercury News Blasts Border Crisis Response

The San Jose Mercury News is blasting the government response to the border crisis of unaccompanied children, saying that  “… surely the United States will meet this hemisphere’s crisis in a humane manner befitting its history” and outlining that the “policy” crisis is really a funding crisis.
 
“Republicans have wanted to fund enforcement but not judges,” asserts the paper. “There are just 243 nationwide. Los Angeles County alone has more than 400 judges on its Superior Court. There’s no way the immigration judges can keep up, let alone catch up… refugees from violence are a worldwide challenge. People fleeing wanton slaughter in places like Somalia, Syria and Uganda often end up in nearby countries that are ill-equipped for the influx. But they try.”
 
The editorial is being picked up around California, and you can read it here: Another View: July 21, 2014

US House Drops Border-Crisis Bill

BREAKING NEWS: The U.S. House of representatives has dropped a bill that would have provided some $659 million in funding to address the 60,000 unaccompanied children that have arrived on the southwest border. The Huffington Post noted that “… the bill had significant opposition from Democrats, but GOP leadership decided to add a separate vote, if the first were to pass, on a measure meant to bring on conservative support: ending a key Obama policy that allows undocumented young people in the U.S. for years to remain in the country. 

Citing other reports, HuffPo says the GOP needed to get to 218 votes but managed only 214.

The HuffPo backgrounder graf is pretty good: “More than 57,500 unaccompanied children and teenagers have been apprehended after crossing the U.S.-Mexico border illegally since October, overwhelming a system already plagued by backlogs and in need of significant resources. President Barack Obama requested $3.7 billion to deal with the crisis, and Senate Democrats proposed a $2.7 billion package. House Republicans introduced a bill to approve just a fraction of that sum — with the possibility of appropriating more funds later — with conditions many Democrats oppose, such as changing a 2008 law so unaccompanied minors from countries other than Mexico and Canada can be deported more quickly and sending the National Guard to the border.” 

Read the report here: 

AP Story On Immigration Crisis Gets Traction

A Los Angeles-based story by Amy Taxin of the Associated Press continues to be used by those making the case for legal representation for the unaccompanied children awaiting processing to determine if they can stay in the U.S. 
 
Her story opens in Los Angeles with a dramatic courthouse scene: [The judge} … grabbed four thick books and dropped each one on his desk with a thud, warning the families in his Los Angeles courtroom about the thousands of pages of immigration laws and interpretations that could affect their cases, and urging them to get a lawyer. “This is even smaller print,” he said of the 1,200-page book containing regulations during the hearing last month. “I am not trying to scare you, but I’m trying to ensure your children get a full and fair hearing.”
 
To read the AP report via the Columbus (Ohio) Dispatch, click here.

Finally: Capacity Cited In Immigration Courts Crisis

For the “about time” file, discussion of the ongoing crisis of unaccompanied Central American children seeking refuge in the U.S. is moving beyond theories and finger-pointing to address the capacity issue. And that issue is that there’s not enough court capacity.
 
The Reuters news service has a sobering report that walks us through the numbers: “… U.S. immigration courts have a backlog of 375,373 cases, almost 50,000 more than they faced two years ago, according to Justice Department figures… one of the 243 judges presiding over 59 immigration courts in the United States, is setting hearing dates as far off as 2018. It now typically takes three to five years for cases to clear the system, judges and lawyers said… on a recent Wednesday at a crowded immigration court in Arlington, Virginia, a judge was setting February 2017 asylum hearings for juveniles. While Reuters does not mention it, we would add that this is possible because immigration courts are civil, not criminal, and thus exempt from decades of “timely trial” laws.
 
The report does cite budget cuts and other problems, like passing more complex laws without increasing capacity to implement the changes, but also says that the government’s planned solutions are likely to only make things worse.
 

Unaccompanied Child Refugee Crisis: Calling Out The Guard

With Texas Governor Rick Perry doubling-down on the “security option” in the wake of an ongoing children’s refugee crisis on the southwestern U.S. border, it might be a decent time to review just how we got to a point of “calling out the National Guard.” Gov. Perry is announcing that he’s sending 1,000 national guard soldiers to the border, says the New York Times, which adds that “… Democrats, including Texas lawmakers in the border region, immediately lined up in opposition to the deployment plan, calling it an attempt to score political points and to militarize the border.”
 
Of course, for Gov. Perry and others the current crisis around unaccompanied children immigrating from Central America is the latest among ongoing border security issues. But that crisis has focused attention on immigration, and especially immigration of unaccompanied children. National Public Radio, which helped break the story and has been an informational leader, said the situation is “… turning into the largest influx of asylum seekers on U.S. soil since the 1980 Mariel boatlift out of Cuba. Since October, more than 52,000 children — most from Central America and many of them unaccompanied by adults — have been taken into custody. That’s nearly double last year’s total and 10 times the number from 2009.”
 
“Because of a backlog, which is growing greatly with the recent influx, in essence a kid releasedtomorrow could stay in the U.S. for up to three years waiting for that date,” explains NPR’s Carrie Kahn. “And for most of these kids, that’s three years with a long-lost relative or three years away from extreme poverty and violence.” A child migration advocacy group says that “… as many as 90 percent of the children stay with relatives or family friends already living in the U.S., with the rest placed in foster care…”