Immigration courts have seen a significant increase in the number of undocumented migrants who are failing to appear for their asylum and deportation hearings, following a decline during the initial period of the Trump administration.
According to a recent report from the Government Accountability Office, there has been a significant increase in the number of no-shows by illegal immigrants. The report shows that this number has risen to 34%, which is a notable increase from the low point it reached during the last year of Donald Trump’s presidency.
The rate at which illegal immigrants fail to appear in court varies greatly depending on the immigration court’s rate of granting asylum. In Charlotte, North Carolina, for instance, the no-show rate is as high as 68%. It is worth noting that this court also has a higher rate of denying asylum compared to other courts, standing at 88%.
Former federal immigration judge Andrew R. Arthur analyzed the new GAO data and concluded that it is logical for individuals facing deportation to skip their court date in order to remain in the United States, albeit unlawfully.
According to Arthur, who is currently affiliated with the Center for Immigration Studies, individuals who have no chance of staying legally are more inclined to avoid court and choose to stay illegally. He emphasized that this decision is simply a matter of common sense.
During his campaign, Trump made a commitment to enhance the number of staff members in immigration courts in order to address the significant backlog that has accumulated over the years. Additionally, he pledged to increase the number of arrests for illegal immigrants who fail to appear in court. However, before the implementation of an extensive deportation system, the focus must be on effectively managing the flow of migrants through the deportation courts.
Arthur emphasized that in order for the immigration-court system to function effectively, individuals must make their initial appearance. However, the issue lies in the fact that over one-third of these individuals fail to do so.
According to Arthur, the surge in illegal immigrants skipping their court dates for asylum and deportation hearings under Biden’s administration should be viewed as a scandal.
“It would be a national scandal if only more people had a clear understanding of how it operates. It is highly likely that the incoming administration will need at least a year to uncover the extent of the problems that have plagued the courts for the past four years,” he expressed.
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Arthur suggested that the situation shouldn’t come as a surprise, considering the fact that Biden allowed more illegal immigrants to enter the country without adequately increasing the number of immigration judges to handle the influx of new asylum requests.
The immigration court system is on the verge of disaster with almost 3.6 million pending removal cases before the nation’s 735 immigration judges by the end of FY 2024. This backlog amounts to over 2,000 cases per judge. While the Government Accountability Office (GAO) does not provide a clear solution, it does present important facts that the Trump 2.0 administration can consider to address this pressing issue.
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