U.S. Coast Guard photo by Petty Officer 1st Class Sara Francis
Public Realm
| Transactional Records Access Clearinghouse
Immigration Court Struggling to Manage Its Expanding Dedicated Docket of Asylum-Seeking Families During the month of August, the Biden administration stepped up the assignment of asylum-seeking families arriving at the border to the Immigration Court’s new “Dedicated Docket” program. As of August 31, 2021, Immigration Court records indicate that a total of 16,713 individuals comprising approximately 6,000 families are now assigned to this program. But alongside the growing number of asylum-seekers assigned to the new Dedicated Docket, new questions emerge about whether these cases will be completed fairly and within the promised timeline, whether Immigration Judges will be able to manage large Dedicated Docket caseloads, and whether the Court is reliably tracking these cases as promised. While EOIR has set up Dedicated Docket hearing locations in eleven cities, cases assigned thus far have been unusually concentrated in just a few cities. As of the end of August half of the 16,713 cases were assigned to New York City and Boston. With the rapid influx of cases at a number of these Dedicated Docket hearing locations, half of the currently scheduled initial master hearings are not being held until after mid-November 2021, and fully one in ten are not currently scheduled until mid-February 2022. In addition, these hearings are largely to be held via video. Only eleven percent of all scheduled hearings are set as in-person hearings. It also continues to be a relatively small number of judges who are assigned to hear these cases. Six judges now account for nearly two-thirds (63%) of the assigned Dedicated Docket cases. Each of these six judges has already been assigned over a thousand cases just during the first three months of this initiative. Judge Mario J. Sturla in Boston has thus far been assigned the most Dedicated Docket cases for any judge—3,178 cases. Some basic arrangements are still not in place to ensure that cases assigned to the Dedicated Docket are clearly identified in the Court’s database system which is relied on to manage the Court’s workload. As of the end of August, fully 38 percent of cases assigned to the special hearing locations set up to exclusively handle Dedicated Dockets were not flagged as “DD” cases. To read the full report, go to: https://trac.syr.edu/immigration/reports/660/ To examine a variety of Immigration Court data, including asylum data, the backlog, MPP, and more now updated through August 2021, use TRAC’s Immigration Court tools here: https://trac.syr.edu/imm/tools/ If you want to be sure to receive a notification whenever updated data become available, sign up at: https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1 Follow us on Twitter at: https://twitter.com/tracreports or like us on Facebook: https://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 US Federal government. To help support TRAC’s ongoing efforts, go to: https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl David Burnham and Susan B. Long, co-directors Transactional Records Access Clearinghouse Syracuse University Peck Hall 601 E. Genesee Street Syracuse, NY 13202-3117 315-443-3563 The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject. |
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I’m not aware of any “courtroom” at EOIR that actually could hold 129 respondents, their family members, and attorneys (if any). It’s a high volume court with a “mini-court” infrastructure. Our Masters were shut down several times by the Arlington Fire Department for unsafe conditions and blocking handicapped access.
Also, building new “gimmick dockets” without e-filing is totally insane!
I once did a 100-case TV Master in Cincinnati. I had no files! ICE sent their files to Cleveland while sending the Assistant Chief Counsel to appear in person in Cincinnati. They probably crossed “in transit.” EOIR provided a Spanish interpreter. However most of the non-English speakers on the docket were from Mauritania and spoke French or Wolof. It was a complete circus.
Afterwards, I told the then Chief Immigration Judge that it was “friggin’ Clown Court!” He was not amused. Nor was I!
Probably not a “career enhancing” move, but I was “working my way down the ladder” by that time.
Creating more unnecessary “gimmick dockets” at EOIR — just like hiring more new IJs, is NOT going to solve the extreme structural, organizational, personnel, and competence issues infecting the Immigration Courts. Actually, if anyone had bothered to check, “dedicated dockets” were tried during the Obama Administration. They inevitably failed — adding to the “Aimless Docket Reshuffling” while undermining due process, efficiency, and best practices!
It’s not “rocket science.” 🚀 Anybody who actually practices (as best they can, under these near-impossible circumstances) in Immigration Court these days could tell Garland exactly what the problems are.
Nobody in their right mind would suggest that the “answer” is a “Dedicated Docket” or infusing a large number of additional judges into this mess, although the solution definitely involves replacing some existing judges, starting with the BIA, and includes bringing in real progressive, expert judicial leadership. So, why is Garland rolling out more gimmicks and proposed personnel increases without addressing the REAL problems at EOIR?
Fix the system! Bring in expert progressive judges who know the law and are committed to best practices! Stop the politicized interference! Figure out what the real system requirements are! THEN go out and do additional merit-based hiring, if more judges are really part of the answer! (Hint: The vast majority of the 2+-year-old non-detained, non-priority cases should be administratively closed or referred to USCIS, or both. They are bogging down the system without promoting justice.)
Alas, poor EOIR seems to be adrift on a sea of endless incompetence, mismanagement, and neglect with no safe port in sight.
🇺🇸Due Process Forever!
PWS
09-14-21