US Immigration Court Backlogs in 2022 

The United States immigration process has never exactly been quick. Patience is a key characteristic that anyone must have when dealing with USCIS or immigration courts. Many immigration cases are processed while the applicant is in their home country. Today, immigration courts continue to struggle with a backlog of cases that has prevented timely resolutions. If you have an immigration issue or need immigration paperwork filed, then it is important to speak to an experienced immigration attorney. 

SETBACKS UNDER PRESIDENT TRUMP

The Trump administration was not kind to immigration in several ways. His anti-immigration platform was a major part of his campaign and presidency. The setbacks for immigration law during his term included a rapid increase of immigration judges who share this perspective. Judges were also expected to meet certain benchmarks including each completing at least 700 cases per year. Different immigration departments were stripped down, and the funding was used to strengthen the operation of Immigration and Customs Enforcement (ICE). Jeff Sessions, an Attorney General during the Trump administration also proclaimed that most asylum cases are not valid which led to an almost complete halt of successful asylum claims. The inefficiency of all of these systems has led to a backlog of cases nearly tripling under the Trump administration to over 1.6 million cases today.

ANTICIPATED CHANGES UNDER PRESIDENT BIDEN FALL SHORT

In stark contrast to President Trump, President Biden ran on a platform promising a modernization of the immigration system. President Biden promised to clear many of the obstacles left by previous administrations and bring forward new legislation that would be the basis of immigration law for years to come. Even while President Biden increased staffing at some courts, many courts are still critically understaffed and need legal assistants, interpreters, and judicial staff that can actually help process these cases appropriately. Also, no appropriate immigration reform bill has seriously taken any steps forward in Congress for discussion and approval. The pace of the immigration case backlog has slowed but still increased by about 180,000 cases in the past year. 

WHAT WE CAN EXPECT GOING FORWARD

One of the biggest issues that people with immigration cases face is that of notice. The backlog of cases has led to many not being properly notified of their court dates where they are expected to appear. This is important in immigration court because an individual can be ordered deported without actually being present in court. It is an all-too-common occurrence where an individual is set for a court date in immigration court, is never notified of the date, and is ordered deported without having any idea anything happened. Once the individual eventually comes into contact with law enforcement, he or she will then be facing an order of deportation that now has to be challenged in court. This type of situation occurring is a fear of many within the immigration system, including both judges and attorneys.

We can expect that President Biden will continue to try to accomplish small goals within the area of immigration with an eye towards passing at least partial immigration reform for our country going forward. It appears to be an uphill battle in immigration court for the foreseeable future. If you need immigration help, then it is important to understand a realistic timeline for processing as well as how to most effectively present your case. Any mistakes on any filings can result in lengthy delays in your immigration case. Make sure you get things done correctly the first time with an experienced immigration attorney. 

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys over the phone or videoconference on Zoom during the ongoing pandemic. To set up a consultation with one of our experienced immigration lawyers, you can do so online here. You will be able to have your general questions answered and any of your documents reviewed during this consultation. If you decide to continue to use You Are Home to help you further with your immigration case, then we will credit your consultation fee towards the cost of those services. Get the representation you need, let the experienced attorneys at You Are Home help you earn the legal right to live, work, study, and stay in the United States.