TRAC: ADMINISTRATION CONTINUES TO “JACK” U.S. IMMIGRATION COURT BACKLOG – 809,000 ACTUALLY PENDING, 330,000 CLOSED CASES “IN LINE” TO BE ARTIFICIALLY ADDED – Adverse Effects Of Sessions’s Xenophobic Views & Gross Mismanagement Continue To Impede Due Process Even After His Departure! — Across The Board Failure, Even On “Priority Detained” Cases!

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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASEGreetings. The Immigration Court backlog continues to rise. As of November 30, 2018, the number of pending cases on the court’s active docket grew to 809,041 cases. This is almost a fifty percent increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office. This figure does not include the additional 330,211 previously completed cases that EOIR placed back on the “pending” rolls that have not yet been put onto the active docket.The state of Maryland continues to lead the pack with the highest rate of increase in pending cases since the beginning of FY 2017 — up by 107 percent. In absolute terms, California has the largest Immigration Court backlog – 146,826 cases waiting decision – up by 54 percent. These results are based upon proceeding-by-proceeding internal Immigration Court records obtained and analyzed by the Transactional Records Access Clearinghouse at Syracuse UniversityJust in the last two months, the Immigration Court active backlog has grown by over 40 thousand cases. Particularly high growth rates of 10 percent or higher were experienced at nine Immigration Courts. The two courts with the highest rate of growth in their backlog were two courts at ICE detention facilities. The Eloy Immigration Court in Arizona saw its backlog increase by 144 percent, while the Conroe Immigration Court (Houston SPC) in Texas had an increase of 62 percent. These increases occurred even though the court assigns the highest priority to hearing detained cases.

For the full report go to:

http://trac.syr.edu/immigration/reports/542/

In addition, many of TRAC’s free query tools – which track the court’s active backlog, new DHS filings, court dispositions and much more – have now been updated through November 2018. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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More judges, more backlog, due to “gonzo” enforcement, politicization, cratering morale, and just plain old mismanagement. When will Congress and/or the Article IIIs step in and put this dying system out of its misery before the DOJ politicos can do any more damage?
Sessions launched a three-point attack on already inadequate Due Process in U.S. Immigration Court by:
  • Removing Immigration Judges’ last vestiges of authority to independently manage their dockets;
  • Severely limiting judicial discretion, thereby effectively reducing Immigration Judges to the status of DHS adjudicators; and
  • Attacking the well-established rights of asylum seekers, particularly those from the Northern Triangle.

The result has been chaos in the courts. Even more wildly inconsistent decisions from Immigration Judges, cases that should have been “slam dunk” asylum grants, stipulated grants by ICE, or not in Immigration Court in the first place now occupying docket space and being “fully litigated,” thereby tying up more judicial time. Meanwhile judges are being subjected to sophomoric “production quotas,” which were almost universally opposed by everyone working in the system, and forced over scheduling. “Aimless Docket Reshuffling” has gone into full gear. Not surprisingly, there are more appeals, more remands from the Article III Courts, and grossly unfair and disparate treatment of those who are detained and or unrepresented. It’s basically the “worst of all worlds.” All of this is continuing under Whitaker.

I hope that at least the House Committees will look into how political mismanagement is wasting the taxpayers’ money and mocking due process, with no rational solution in sight! There needs to be some accountability for this grotesque fraud, waste, and abuse engineered by this Administration!
PWS
12-18-18