Quick Member Survey aims to highlight some key issues hampering immigration courts

Backlogs in immigration courts have been building for some time. In some jurisdictions, immigration court backlogs can last up to four years. Around 2,000,000 cases are pending in immigration courts across the country. 2 MILLION. As of the first quarter of 2020, only 309,031 of the 2,000,000 cases had been administratively closed at immigration courts and Board of Immigration Appeals. These are staggering numbers.

The Executive Office for Immigration Review and the current administration are implementing solutions to this growing problem. AILA and other experts in this field have offered solutions. Some of them seem to be included in the mix. The implementation of these strategies, however, has been inconsistent and haphazard, creating confusion among practitioners, clients and self-represented respondents.

The Biden administration has made a promise to reduce the backlog. The Biden Administration used tactics such as the asylum rule program which accelerated certain types of asylum claims through the immigration system. This program was eventually paused due to its inability to be sustained with the lifting of Title 42. We must continue to work on making courts more efficient, especially with the Supreme Court’s recent ruling that affirms the executive branch’s power in setting enforcement priorities.

AILA and other experts have outlined several solutions that can be used by the Department of Justice and EOIR to eliminate a large number of enforcement cases with low priority and clear Immigration Judges’ dockets. EOIR has introduced specialized dockets that group cases of similar nature together. The EOIR also released guidance on Pre Hearing Conferences, which allow both parties to narrow down issues and streamline their case. Practitioners may need to contact their local EOIR liaison chapter to confirm which dockets apply in their jurisdiction, and whether Pre Hearing Conferences are being used.

Here is where the situation becomes murky. It has been difficult to get consistent information on the different types of dockets and their names, as well as which courts are responsible for which dockets. Pre-Hearing Conferences are also in a similar situation. AILA recently shared with its members a survey about Pre-Hearing Conferences and specialized dockets in order to better understand the experiences of practitioners. Understanding the different practices of immigration courts will help you determine whether or not the strategies used to combat the backlog actually work.

Experts and lawyers agree that immigration court backlogs are unsustainable. Now, more than ever before, we must put into practice real solutions. We’ll get a better understanding of one part of the puzzle by filling out this survey. This is important work to determine where due process was undermined and whether or not we were creating sustainable policies. It also helps us to continue protecting vulnerable populations who are seeking protection.

I encourage all AILA Members to complete this survey so that we can advocate better with EOIR Headquarters for practices that are working well and describe challenges that continue hold us back.