COVID-19 pandemic doubled the average time to close immigration trials

COVID-19 pandemic doubled the average time to close immigration trials

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The appearance of the SARS-CoV-2 coronavirus posed great challenges for humanity, and not only at a scientific level. As many will remember, its rapid spread led to prolonged border closures and blockades in different parts of the world, including the United States (USA).

Consequently, many immigration procedures were delayed, including those related to the issuance of documentation and immigration trials. In fact, at the beginning of the current year, and a total of 22 months after the appearance of the coronavirus, a report was published that leaves evidence of this.

According to the Transactional Records Access and Information Center (TRAC) at Syracuse University in New York, the average time it takes Immigration Court to complete a trial doubled during this period. Next, we explain the details.

How many immigration cases were processed before the pandemic?

Before we delve into the TRAC findings, it is worth recapping what the situation was like before the pandemic. Before the coronavirus spread necessitated the courts’ widespread closure, about 40,000 immigration cases were completed each month.

The figure is undoubtedly relatively high, even for a country like the US, but it did nothing but decrease until the end of January 2022. Despite the early approval of the COVID-19 vaccines and the resumption of face-to-face activities in many places, the courts have failed to reinstate their previous record. On the contrary, the report results are very discouraging in this regard.

Fewer cases are processed than before

“They have only climbed back up to around 20,000 cases each month, or about half the level before the coronavirus pandemic,” the authors noted. The descent was impressive, even knowing the limitations caused by the emergency.

The new study confirms that, until the end of January of this year, 22 months after the pandemic decree by the World Health Organization (WHO), “the pace of work of the Immigration Court (Office of Immigration Case Review -EOIR- continues to lag as a result of the pandemic.”

Immigration trials take twice as long as before

The problem is that fewer cases are concluded than before, and the study has also revealed that the average time to complete the few that are processed has also been extended.

“Not only have fewer cases been completed, but the average time required to get rid of each case has doubled since before the pandemic began,” TRAC said.

It is worth noting that, under the administration of the controversial Donald Trump, the average time for closing an immigration case doubled. Therefore, before, about 600 days were required, but during the end of his mandate, the time rose to about 1,200 days.

But history does not seem to have changed a year after Joe Biden took power. Since the start of his mandate, these procedures have continued to take around twice as long as before the decree of the global health emergency. “In January 2022, the average completion time was 1,206 days,” the report indicates.

Cases that take the longest to close

Another noteworthy finding is that immigration cases are taking longer to close. According to TRAC, asylum cases stand out as the most time-consuming in the Court’s workload, in part, due to the backlog of old cases caused by widespread closures.

As of the date of publication of the report, the EOIR had 1,636,999 pending cases distributed among some 550 judges. Quoting the report:

“By the end of December 2021, not only had the backlog of asylum cases increased steadily to 676,131 cases from the 667,729 registered at the end of September, but the average wait time for court hearings had increased by well over three months as the proportion of older cases in the backlog grew.”

Right now, it is difficult to answer how long a person should wait in this situation since many do not even have a scheduled hearing on the Court’s calendar. And unfortunately, the estimates only evoke more patience.

“Dockets are already so congested that many pending cases currently do not have a scheduled hearing,” the TRAC says. Assuming that they go to the bottom of the list when hearings are scheduled, average wait times “appear to have increased by more than six months between September and December 2021.”

A vast gap between receiving and closing cases

Now, so far, there have been 86,297 completed cases in the 2022 fiscal year, which runs from October 1, 2021, to January 2022. The number is encouraging compared to previous years, but This is not the time to sing victory.

The problem is that, during this same period, “EOIR received three times as many new cases: some 260,038 new filings or files.” Therefore, the speed of prosecutions continues to lag behind the receipt of new cases.

It is a fact that the dynamics of closing immigration trials have been delayed due to the pandemic. But “although it contributes to a lesser extent, the count of court case receipts and court case closure figures have also added to this gap,” the TRAC highlights.

This wide gap between receiving and closing cases “reflects at least two general forces”; without a doubt, the most significant contributor to this “has been the unprecedented increase in the presentation of new cases.”

Such is the situation that they consider that “the current rate of presentations by the Department of Homeland Security (DHS) exceeds the rate that the Immigration Court has experienced in its entire life.”

What can be done to speed up trials?

If this type of case usually constitutes a tremendous mental and economic burden for immigrants, the delays that continue to occur only make them worse. Uncertainty has increased, which indirectly reveals flaws in the system.

Whether for better or for worse, people with pending immigration cases should receive a response in a reasonable time since it is about the administration of justice. Delays can happen, but they should not become the norm; if so, this can trigger a more significant social problem.

We have no choice but to remind ourselves that we are here to address these types of lawsuits if necessary. Kannan Law is made up of experienced professionals in immigration matters. Through this link, you can contact the team and expose your situation to put our hands to work for your solution.