New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog
Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog
South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling
'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process
'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma
Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul
US to Expedite Immigration Cases of Families Arriving at Southern Border
Immigration Court Fees Set to Jump Dramatically Unless Judge Intervenes
San Francisco DA Joins Calls to Release ICE Detainees During Pandemic
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Her work for KQED’s radio and online audiences is also carried on NPR and other national outlets. She has been recognized with awards from the Radio and Television News Directors Association, the Society for Professional Journalists; the Education Writers Association; the Best of the West and the National Federation of Community Broadcasters. Before joining KQED in 2010, Tyche spent more than a dozen years as a newspaper reporter, notably at the \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">San Francisco Chronicle\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">. At different times she has covered criminal justice, government and politics and urban planning. Tyche has taught in the MFA Creative Writing program at the University of San Francisco and at UC Berkeley’s Graduate School of Journalism, where she was co-director of a national immigration symposium for professional journalists. She is the author of \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">The Wind Doesn't Need a Passport: Stories from the U.S.-Mexico Borderlands\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\"> (University of California Press). \u003c/span>","avatar":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twitter":"tychehendricks","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]}],"headData":{"title":"Tyche Hendricks | KQED","description":"KQED Senior Editor, Immigration","ogImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/tychehendricks"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11975904":{"type":"posts","id":"news_11975904","meta":{"index":"posts_1591205157","site":"news","id":"11975904","score":null,"sort":[1707948031000]},"guestAuthors":[],"slug":"new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog","title":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog","publishDate":1707948031,"format":"standard","headTitle":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog | KQED","labelTerm":{"site":"news"},"content":"\u003cp>The nation’s newest immigration court opened for business this week in the East Bay city of Concord after federal authorities decided the San Francisco Bay Area needed more resources to cope with a growing backlog.\u003c/p>\n\u003cp>The move adds 21 new courtrooms to help ease the burden at \u003ca href=\"https://trac.syr.edu/phptools/immigration/backlog/\">one of the nation’s busiest immigration courts\u003c/a> across the bay in San Francisco. When it’s fully up and running, the new Concord facility will nearly double the capacity in the Bay Area to hear deportation cases, including asylum claims.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ali Saidi, deputy public defender, Contra Costa County\"]‘The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully.’[/pullquote]Until now, the 27 judges in San Francisco’s court, with help from a smaller court in Sacramento, have handled all immigration cases from Bakersfield, California, to the Oregon border. With 160,000 pending cases, each case takes more than three and a half years to complete, on average.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.justice.gov/eoir/concord-immigration-court\">new Concord court\u003c/a> is also part of a nationwide effort by the Biden Administration to cope with an unprecedented backlog of more than 3.3 million cases across the country, including a record number of asylum seekers who’ve recently arrived at the U.S.-Mexico border. While observers say new courtrooms and judges should help move cases faster, some worry they could also trigger new problems.\u003c/p>\n\u003ch2>Nationwide Court Expansion Needs More Funding\u003c/h2>\n\u003cp>Since President Joe Biden was elected, the Executive Office of Immigration Review, which is part of the U.S. Department of Justice, has added \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/02/12/25a_number_of_courtrooms.pdf\">six new immigration courts\u003c/a> and \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/01/31/25_immigration_judge_hiring_1.pdf\">more than 300 judges\u003c/a> across the country, building on an \u003ca href=\"https://www.kqed.org/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul\">expansion that began as immigration enforcement ballooned under the Trump Administration\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Concord court will start with 11 judges and will continue hiring to reach a full bench of 21, according to officials with the EOIR, as the immigration court system is called.\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said the expansion is welcome and the new Concord court should help deal with “the overabundance of cases that has been inundating San Francisco.”\u003c/p>\n\u003cp>But she cautioned that just hiring judges would not solve the case backlog by itself. Judges have struggled without well-functioning computer systems, a sufficient number of language interpreters and full teams of law clerks and administrative aides, she said.\u003c/p>\n\u003cfigure id=\"attachment_11975915\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975915\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\" alt=\"A woman holds up a white sign in Spanish.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rosa Menjivar, from the Latina Center, holds a sign outside the new Concord Immigration Court in Concord during a press conference on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We need court staff to be there, to support the judges and those very fast-moving, time-intensive dockets,” Tsankov said, speaking in her role with the NAIJ, the judge’s union. “Our staff is working nonstop until late hours of the night.”\u003c/p>\n\u003cp>The Concord facility is “currently staffed to meet all support needs,” according to EOIR spokesperson Kathryn Mattingly.\u003c/p>\n\u003cp>Tsankov noted that the nation’s 734 immigration judges are working faster than ever. Even though caseloads have grown, judges are closing nearly a third more cases on average than at the end of the Obama years, \u003ca href=\"https://trac.syr.edu/reports/734/\">according to a data analysis\u003c/a> by the Transactional Records Access Clearinghouse at Syracuse University. But the judges’ speed is outmatched by the raw numbers of new migrants applying for asylum.\u003c/p>\n\u003cp>“We’re still not able to outrun the volume of work that comes our way,” Tsankov said.\u003c/p>\n\u003cp>The Justice Department has asked for \u003ca href=\"https://www.justice.gov/d9/2023-03/eoir_fy_24_budsum_ii_omb_cleared_03.08.23.pdf\">a major increase in funding to hire 150 more judges\u003c/a> and court staff this year, but Congress has been unable to pass the federal budget. Biden officials also requested court funding in a bipartisan immigration deal tied to Ukraine aid, but Republicans killed that plan last week.\u003c/p>\n\u003ch2>Immigrants Not Receiving Hearing Notices\u003c/h2>\n\u003cp>In Contra Costa County, where the new court is located, immigration lawyers are scrambling to prepare for a swelling demand for legal services. Calls are already surging on a hotline run by \u003ca href=\"https://standtogethercontracosta.org/\">Stand Together Contra Costa\u003c/a>, a partnership between the county and community groups.\u003c/p>\n\u003cp>Deputy Public Defender Ali Saidi directs the partnership with a small team of lawyers who provide deportation defense. Meeting with coworkers around a conference table last week, Saidi heard repeatedly that immigrant clients, as well as hotline callers, said they had not been notified by EOIR that their cases were being transferred to the Concord court — and that they had new hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11975918\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975918\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\" alt=\"A man wearing glasses and a business suit holds a microphone outside with people holding signs in the background.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Contra Costa County Removal Defense Attorney Heliodoro Moreno speaks during a press conference outside the new Concord Immigration Court on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Public defender Heliodoro Moreno said he could see in the court’s electronic portal for lawyers that hearing dates for some of his clients have been moved much sooner and delayed for others. He was troubled that his clients had not received a letter notifying them of the change.\u003c/p>\n\u003cp>[aside postID=\"news_11910789,news_11903829,news_11900546,news_11975246\" label=\"Related Stories\"]“There’s a case that’s only going to have a one-month lead time. And still, there’s no notice to prepare for a hearing, which is quite frustrating for clients like mine that all have attorneys,” he said. “But what worries me is for all those that don’t have an attorney, which are the majority of people. How are those notices happening? It’s worrisome.”\u003c/p>\n\u003cp>In immigration court, if defendants don’t show up, they are typically ordered deported \u003ci>in absentia\u003c/i>.\u003c/p>\n\u003cp>Court officials said late last week that they were in the process of notifying everyone whose case has been reassigned to the Concord Immigration Court.\u003c/p>\n\u003cp>“New hearing notices for all cases that have been transferred have been or will be sent to the respondent at the address on file or to the attorney of record,” EOIR’s Mattingly said in an email.\u003c/p>\n\u003ch2>A Scramble to Find Immigration Lawyers\u003c/h2>\n\u003cp>Unlike in criminal court, the government does not provide lawyers for people who can’t afford their own. And presently, \u003ca href=\"https://trac.syr.edu/reports/736/#f4\">less than a third of immigrants facing deportation have lawyers\u003c/a>, down from two-thirds just a few years ago — largely because of the increase in new asylum cases from the border.\u003c/p>\n\u003cp>Saidi’s team includes two public defenders and two immigration attorneys at a local nonprofit, plus funding to hire two more. But Saidi said more than 13,000 Contra Costa residents have pending deportation cases, including a growing number of newly arrived families seeking asylum.\u003c/p>\n\u003cp>“There’s over a thousand in the last 90 days that have been newly placed into deportation proceedings,” he said. “So, obviously, six lawyers is not enough to handle all of that.”\u003c/p>\n\u003cp>In addition to local residents, immigrants in deportation proceedings will be coming from all over Northern and Central California as their cases are transferred to the Concord court. And without lawyers, they face steep odds.\u003c/p>\n\u003cp>“The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, asylum is available to people who face persecution in their home country based on their race, religion, nationality, political opinion or membership in a particular social group. Those who pass an initial border screening are placed in deportation proceedings to make their case to an immigration judge.\u003c/p>\n\u003cp>The majority of asylum seekers lose their cases, but having a lawyer is key: 49% of people with attorneys won, while just 18% of unrepresented asylum seekers did so, \u003ca href=\"https://trac.syr.edu/reports/703/\">according to the latest available data\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11975030\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975030\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\" alt=\"A view looking up at a building.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The site of a new immigration court at 1855 Concord Gateway in Concord on Feb. 6, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Saidi and his team are hoping to follow the lead of San Francisco, where a robust collaboration of 16 nonprofits aims to provide a lawyer for any San Francisco resident going to immigration court.\u003c/p>\n\u003cp>Milli Atkinson helps lead that network as director of the Immigrant Legal Defense Program at the San Francisco Bar Association. She worries that immigrants will find few legal resources in Concord to assist them with their claims.\u003c/p>\n\u003cp>“There are very few nonprofits serving the immigrant community in Concord and Contra Costa County,” she said. “In the next year or two, a lot of people will be struggling to find help.”\u003c/p>\n\u003cp>Atkinson said she’s reaching out to East Bay legal aid groups to offer what she can. And Saidi is teaming up with the organizations in his area. They held a press conference on Monday to get the word out to the immigrant community about what to expect at the new court.\u003c/p>\n\u003cp>“There’s a lot of confusion and fear, especially in the current climate,” Saidi said. “So we want folks to know that this isn’t a detention center,… understand if their cases are going to be transferred to this new deportation court, and hopefully connect as many people as we can with actual attorneys.”\u003c/p>\n\u003cp>Stand Together Contra Costa is planning a free legal clinic on March 17. The nonprofit groups seek a nearby storefront or office where immigrants can find information and services. Saidi also asks immigration lawyers to volunteer for an “attorney of the day” program, modeled on San Francisco’s, where attorneys take shifts at court to provide short consultations for unrepresented immigrants.\u003c/p>\n\u003ch2>A Functioning Immigration Court Helps Border Control\u003c/h2>\n\u003cp>Research shows that when immigrants facing deportation have attorneys, \u003ca href=\"https://www.migrationpolicy.org/sites/default/files/publications/mpi-courts-report-2023_final.pdf\">not only is the outcome more fair but proceedings are more efficient\u003c/a>, as lawyers can guide clients unfamiliar with U.S. immigration law and court procedure.\u003c/p>\n\u003cp>Saidi worries that with confusion over the last-minute change in venue, a lack of lawyers in his area and a swifter pace in court, it will be tough for immigrants to find representation fast enough, and their chances of winning protection in the U.S. could suffer.\u003c/p>\n\u003cp>“Folks that are unrepresented being kind of pipelined into a rushed deportation process without access to attorneys?” he said. “That, to me, is a serious due process problem.”\u003c/p>\n\u003cp>But timely hearings can also be important to due process for individuals — and necessary for the whole U.S. immigration system to work, said Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C.\u003c/p>\n\u003cp>She is pressing for reforms that would lead to asylum claims being decided in a matter of months rather than years. And she said expanding the number of immigration judges and courtrooms is part of that.\u003c/p>\n\u003cp>“A functioning, functional immigration judge system is essential today in order for there to be effective border control… that also allows for fairness and timeliness for the people that are seeking protection,” she said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Meissner said the opening of the new Concord court is a positive step, but Congress needs to invest a lot more money in the immigration courts for the government to be able to manage the border.\u003c/p>\n\n","blocks":[],"excerpt":"The federal immigration court opening in Contra Costa County will nearly double the capacity of San Francisco’s overburdened court. But advocates fear it could rush asylum seekers and other immigrants through deportation proceedings without lawyers.","status":"publish","parent":0,"modified":1708037749,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":42,"wordCount":1884},"headData":{"title":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog | KQED","description":"The federal immigration court opening in Contra Costa County will nearly double the capacity of San Francisco’s overburdened court. But advocates fear it could rush asylum seekers and other immigrants through deportation proceedings without lawyers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New Bay Area Immigration Court Opens, Aims to Tackle Deportation Backlog","datePublished":"2024-02-14T22:00:31.000Z","dateModified":"2024-02-15T22:55:49.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/eac0db6f-0a82-4a0c-9ce7-b1140102994d/audio.mp3","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11975904/new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The nation’s newest immigration court opened for business this week in the East Bay city of Concord after federal authorities decided the San Francisco Bay Area needed more resources to cope with a growing backlog.\u003c/p>\n\u003cp>The move adds 21 new courtrooms to help ease the burden at \u003ca href=\"https://trac.syr.edu/phptools/immigration/backlog/\">one of the nation’s busiest immigration courts\u003c/a> across the bay in San Francisco. When it’s fully up and running, the new Concord facility will nearly double the capacity in the Bay Area to hear deportation cases, including asylum claims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ali Saidi, deputy public defender, Contra Costa County","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Until now, the 27 judges in San Francisco’s court, with help from a smaller court in Sacramento, have handled all immigration cases from Bakersfield, California, to the Oregon border. With 160,000 pending cases, each case takes more than three and a half years to complete, on average.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.justice.gov/eoir/concord-immigration-court\">new Concord court\u003c/a> is also part of a nationwide effort by the Biden Administration to cope with an unprecedented backlog of more than 3.3 million cases across the country, including a record number of asylum seekers who’ve recently arrived at the U.S.-Mexico border. While observers say new courtrooms and judges should help move cases faster, some worry they could also trigger new problems.\u003c/p>\n\u003ch2>Nationwide Court Expansion Needs More Funding\u003c/h2>\n\u003cp>Since President Joe Biden was elected, the Executive Office of Immigration Review, which is part of the U.S. Department of Justice, has added \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/02/12/25a_number_of_courtrooms.pdf\">six new immigration courts\u003c/a> and \u003ca href=\"https://www.justice.gov/d9/pages/attachments/2020/01/31/25_immigration_judge_hiring_1.pdf\">more than 300 judges\u003c/a> across the country, building on an \u003ca href=\"https://www.kqed.org/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul\">expansion that began as immigration enforcement ballooned under the Trump Administration\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Concord court will start with 11 judges and will continue hiring to reach a full bench of 21, according to officials with the EOIR, as the immigration court system is called.\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said the expansion is welcome and the new Concord court should help deal with “the overabundance of cases that has been inundating San Francisco.”\u003c/p>\n\u003cp>But she cautioned that just hiring judges would not solve the case backlog by itself. Judges have struggled without well-functioning computer systems, a sufficient number of language interpreters and full teams of law clerks and administrative aides, she said.\u003c/p>\n\u003cfigure id=\"attachment_11975915\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975915\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg\" alt=\"A woman holds up a white sign in Spanish.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-06-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Rosa Menjivar, from the Latina Center, holds a sign outside the new Concord Immigration Court in Concord during a press conference on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We need court staff to be there, to support the judges and those very fast-moving, time-intensive dockets,” Tsankov said, speaking in her role with the NAIJ, the judge’s union. “Our staff is working nonstop until late hours of the night.”\u003c/p>\n\u003cp>The Concord facility is “currently staffed to meet all support needs,” according to EOIR spokesperson Kathryn Mattingly.\u003c/p>\n\u003cp>Tsankov noted that the nation’s 734 immigration judges are working faster than ever. Even though caseloads have grown, judges are closing nearly a third more cases on average than at the end of the Obama years, \u003ca href=\"https://trac.syr.edu/reports/734/\">according to a data analysis\u003c/a> by the Transactional Records Access Clearinghouse at Syracuse University. But the judges’ speed is outmatched by the raw numbers of new migrants applying for asylum.\u003c/p>\n\u003cp>“We’re still not able to outrun the volume of work that comes our way,” Tsankov said.\u003c/p>\n\u003cp>The Justice Department has asked for \u003ca href=\"https://www.justice.gov/d9/2023-03/eoir_fy_24_budsum_ii_omb_cleared_03.08.23.pdf\">a major increase in funding to hire 150 more judges\u003c/a> and court staff this year, but Congress has been unable to pass the federal budget. Biden officials also requested court funding in a bipartisan immigration deal tied to Ukraine aid, but Republicans killed that plan last week.\u003c/p>\n\u003ch2>Immigrants Not Receiving Hearing Notices\u003c/h2>\n\u003cp>In Contra Costa County, where the new court is located, immigration lawyers are scrambling to prepare for a swelling demand for legal services. Calls are already surging on a hotline run by \u003ca href=\"https://standtogethercontracosta.org/\">Stand Together Contra Costa\u003c/a>, a partnership between the county and community groups.\u003c/p>\n\u003cp>Deputy Public Defender Ali Saidi directs the partnership with a small team of lawyers who provide deportation defense. Meeting with coworkers around a conference table last week, Saidi heard repeatedly that immigrant clients, as well as hotline callers, said they had not been notified by EOIR that their cases were being transferred to the Concord court — and that they had new hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11975918\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975918\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg\" alt=\"A man wearing glasses and a business suit holds a microphone outside with people holding signs in the background.\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240212-ImmigrationCourt-13-BL-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Contra Costa County Removal Defense Attorney Heliodoro Moreno speaks during a press conference outside the new Concord Immigration Court on Feb. 12, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Public defender Heliodoro Moreno said he could see in the court’s electronic portal for lawyers that hearing dates for some of his clients have been moved much sooner and delayed for others. He was troubled that his clients had not received a letter notifying them of the change.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11910789,news_11903829,news_11900546,news_11975246","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“There’s a case that’s only going to have a one-month lead time. And still, there’s no notice to prepare for a hearing, which is quite frustrating for clients like mine that all have attorneys,” he said. “But what worries me is for all those that don’t have an attorney, which are the majority of people. How are those notices happening? It’s worrisome.”\u003c/p>\n\u003cp>In immigration court, if defendants don’t show up, they are typically ordered deported \u003ci>in absentia\u003c/i>.\u003c/p>\n\u003cp>Court officials said late last week that they were in the process of notifying everyone whose case has been reassigned to the Concord Immigration Court.\u003c/p>\n\u003cp>“New hearing notices for all cases that have been transferred have been or will be sent to the respondent at the address on file or to the attorney of record,” EOIR’s Mattingly said in an email.\u003c/p>\n\u003ch2>A Scramble to Find Immigration Lawyers\u003c/h2>\n\u003cp>Unlike in criminal court, the government does not provide lawyers for people who can’t afford their own. And presently, \u003ca href=\"https://trac.syr.edu/reports/736/#f4\">less than a third of immigrants facing deportation have lawyers\u003c/a>, down from two-thirds just a few years ago — largely because of the increase in new asylum cases from the border.\u003c/p>\n\u003cp>Saidi’s team includes two public defenders and two immigration attorneys at a local nonprofit, plus funding to hire two more. But Saidi said more than 13,000 Contra Costa residents have pending deportation cases, including a growing number of newly arrived families seeking asylum.\u003c/p>\n\u003cp>“There’s over a thousand in the last 90 days that have been newly placed into deportation proceedings,” he said. “So, obviously, six lawyers is not enough to handle all of that.”\u003c/p>\n\u003cp>In addition to local residents, immigrants in deportation proceedings will be coming from all over Northern and Central California as their cases are transferred to the Concord court. And without lawyers, they face steep odds.\u003c/p>\n\u003cp>“The difference between having an immigration attorney versus not having an immigration attorney has profound impacts on your ability to present your claim fully,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, asylum is available to people who face persecution in their home country based on their race, religion, nationality, political opinion or membership in a particular social group. Those who pass an initial border screening are placed in deportation proceedings to make their case to an immigration judge.\u003c/p>\n\u003cp>The majority of asylum seekers lose their cases, but having a lawyer is key: 49% of people with attorneys won, while just 18% of unrepresented asylum seekers did so, \u003ca href=\"https://trac.syr.edu/reports/703/\">according to the latest available data\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11975030\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11975030\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg\" alt=\"A view looking up at a building.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/02/240206-IMMIGRATIONCOURT-26-BL-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The site of a new immigration court at 1855 Concord Gateway in Concord on Feb. 6, 2024. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Saidi and his team are hoping to follow the lead of San Francisco, where a robust collaboration of 16 nonprofits aims to provide a lawyer for any San Francisco resident going to immigration court.\u003c/p>\n\u003cp>Milli Atkinson helps lead that network as director of the Immigrant Legal Defense Program at the San Francisco Bar Association. She worries that immigrants will find few legal resources in Concord to assist them with their claims.\u003c/p>\n\u003cp>“There are very few nonprofits serving the immigrant community in Concord and Contra Costa County,” she said. “In the next year or two, a lot of people will be struggling to find help.”\u003c/p>\n\u003cp>Atkinson said she’s reaching out to East Bay legal aid groups to offer what she can. And Saidi is teaming up with the organizations in his area. They held a press conference on Monday to get the word out to the immigrant community about what to expect at the new court.\u003c/p>\n\u003cp>“There’s a lot of confusion and fear, especially in the current climate,” Saidi said. “So we want folks to know that this isn’t a detention center,… understand if their cases are going to be transferred to this new deportation court, and hopefully connect as many people as we can with actual attorneys.”\u003c/p>\n\u003cp>Stand Together Contra Costa is planning a free legal clinic on March 17. The nonprofit groups seek a nearby storefront or office where immigrants can find information and services. Saidi also asks immigration lawyers to volunteer for an “attorney of the day” program, modeled on San Francisco’s, where attorneys take shifts at court to provide short consultations for unrepresented immigrants.\u003c/p>\n\u003ch2>A Functioning Immigration Court Helps Border Control\u003c/h2>\n\u003cp>Research shows that when immigrants facing deportation have attorneys, \u003ca href=\"https://www.migrationpolicy.org/sites/default/files/publications/mpi-courts-report-2023_final.pdf\">not only is the outcome more fair but proceedings are more efficient\u003c/a>, as lawyers can guide clients unfamiliar with U.S. immigration law and court procedure.\u003c/p>\n\u003cp>Saidi worries that with confusion over the last-minute change in venue, a lack of lawyers in his area and a swifter pace in court, it will be tough for immigrants to find representation fast enough, and their chances of winning protection in the U.S. could suffer.\u003c/p>\n\u003cp>“Folks that are unrepresented being kind of pipelined into a rushed deportation process without access to attorneys?” he said. “That, to me, is a serious due process problem.”\u003c/p>\n\u003cp>But timely hearings can also be important to due process for individuals — and necessary for the whole U.S. immigration system to work, said Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C.\u003c/p>\n\u003cp>She is pressing for reforms that would lead to asylum claims being decided in a matter of months rather than years. And she said expanding the number of immigration judges and courtrooms is part of that.\u003c/p>\n\u003cp>“A functioning, functional immigration judge system is essential today in order for there to be effective border control… that also allows for fairness and timeliness for the people that are seeking protection,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meissner said the opening of the new Concord court is a positive step, but Congress needs to invest a lot more money in the immigration courts for the government to be able to manage the border.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11975904/new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog","authors":["259"],"categories":["news_1169","news_8"],"tags":["news_26233","news_18123","news_27626","news_20611","news_20202","news_6883"],"featImg":"news_11975031","label":"news"},"news_11903829":{"type":"posts","id":"news_11903829","meta":{"index":"posts_1591205157","site":"news","id":"11903829","score":null,"sort":[1643896826000]},"guestAuthors":[],"slug":"immigration-court-bill-would-give-judges-independence-tackle-1-6m-case-backlog","title":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog","publishDate":1643896826,"format":"audio","headTitle":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>[aside postID='news_11883227']\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n","blocks":[],"excerpt":"A bill introduced by Rep. Zoe Lofgren would move immigration courts out of the Department of Justice to avoid political interference, underfunding and a massive backlog of cases. ","status":"publish","parent":0,"modified":1710284118,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1161},"headData":{"title":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog | KQED","description":"A bill introduced by Rep. Zoe Lofgren would move immigration courts out of the Department of Justice to avoid political interference, underfunding and a massive backlog of cases.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","socialDescription":"A bill introduced by Rep. Zoe Lofgren would move immigration courts out of the Department of Justice to avoid political interference, underfunding and a massive backlog of cases.","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog","datePublished":"2022-02-03T14:00:26.000Z","dateModified":"2024-03-12T22:55:18.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f71df9f8-6ea2-4127-ba93-ae310119f000/audio.mp3","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11903829/immigration-court-bill-would-give-judges-independence-tackle-1-6m-case-backlog","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11883227","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11903829/immigration-court-bill-would-give-judges-independence-tackle-1-6m-case-backlog","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_8","news_13"],"tags":["news_27626","news_20202","news_6883","news_20857","news_20058","news_2013"],"featImg":"news_11903832","label":"news_72"},"news_11902290":{"type":"posts","id":"news_11902290","meta":{"index":"posts_1591205157","site":"news","id":"11902290","score":null,"sort":[1642795989000]},"guestAuthors":[],"slug":"south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling","title":"South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling","publishDate":1642795989,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.[pullquote align=\"right\" size=\"medium\" citation=\"Mimi Tsankov, president, National Association of Immigration Judges\"]'It seems like no matter how hard we work, that backlog we're facing just keeps growing.'[/pullquote]With testimony from legal experts and the head of the immigration judges' union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee's Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday's hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we're facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ's control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”[aside label=\"related coverage\" tag=\"immigration\"]Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration's actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n","blocks":[],"excerpt":"San Jose Democratic Rep. Zoe Lofgren called on Thursday for an independent immigration court system shielded from partisan influence — regardless of who is in the White House.","status":"publish","parent":0,"modified":1642811697,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1051},"headData":{"title":"South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling | KQED","description":"San Jose Democratic Rep. Zoe Lofgren called on Thursday for an independent immigration court system shielded from partisan influence — regardless of who is in the White House.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling","datePublished":"2022-01-21T20:13:09.000Z","dateModified":"2022-01-22T00:34:57.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11902290 https://ww2.kqed.org/news/?p=11902290","disqusUrl":"https://ww2.kqed.org/news/2022/01/21/south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling/","disqusTitle":"South Bay Rep. Calls for Overhaul of Immigration Court System to Block Political Meddling","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2022/01/HendricksLofgrenImmigration.mp3","excludeFromSiteSearch":"Include","path":"/news/11902290/south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. immigration courts are plagued with an epic backlog of \u003ca href=\"https://trac.syr.edu/immigration/reports/675/\">1.6 million cases\u003c/a> and a lack of judicial independence, while also failing to guarantee legal counsel to immigrants at risk of deportation.\u003c/p>\n\u003cp>Those were some of the issues at stake in \u003ca href=\"https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4823\">a congressional hearing\u003c/a> Thursday, chaired by San Jose Democratic Rep. Zoe Lofgren, on the future of America’s beleaguered immigration court system.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It seems like no matter how hard we work, that backlog we're facing just keeps growing.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Mimi Tsankov, president, National Association of Immigration Judges","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>With testimony from legal experts and the head of the immigration judges' union, Lofgren built a case for a total overhaul of the system that would remove the courts from the control of the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>Lofgren, chair of the House Judiciary Committee's Subcommittee on Immigration and Citizenship, called out the administration of former President Donald Trump for stripping immigration judges of their authority to control their dockets and making it harder for immigrants to qualify for asylum.\u003c/p>\n\u003cp>Although those policies have since been reversed by the Biden administration, she said the courts should be protected from partisan influence regardless of who is in the White House.\u003c/p>\n\u003cp>“Decades of bureaucratic and political meddling by the governing administration have undermined and eroded public trust in the system,” Lofgren said. “We should find new ways to ensure that immigration courts function as other courts do — where judges have the flexibility and resources to conduct full and fair hearings, due process is held in the highest regard, and parties on all sides have faith in the outcomes of the case.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonpartisan legal organizations with expertise in immigration law have long argued that Congress should create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts.\u003c/p>\n\u003cp>Lofgren is preparing to introduce legislation to do just that, in a bill that could be passed by the House this year if Democrats unite behind it. But winning Republican support in the closely divided and deeply polarized Senate would be an uphill battle.\u003c/p>\n\u003cp>In making the case for an independent court system, Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org\">National Association of Immigration Judges\u003c/a>, said at Thursday's hearing that her members are overwhelmed by their staggering workload, which averages 2,700 cases for each of the nation’s 580 immigration judges.\u003c/p>\n\u003cp>“It seems like no matter how hard we work, that backlog we're facing just keeps growing,” she said.\u003c/p>\n\u003cp>The problem, said Tsankov, largely stems from the court agency, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office for Immigration Review\u003c/a>, being housed within the Department of Justice.\u003c/p>\n\u003cp>“The DOJ's control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” she said. “We need an independent Article I immigration court. It’s a good government solution. It would legitimize the integrity of immigration court outcomes, and it would support the rule of law.”\u003c/p>\n\u003cp>Elizabeth Stevens, an immigration expert with the \u003ca href=\"https://www.nationalbar.org\">National Bar Association\u003c/a>, on Thursday proposed a system in which judges would serve renewable 15-year terms. Appellate judges would be appointed by the president and confirmed by the Senate, and would in turn appoint trial court judges. Under her proposal, a third of the appellate judges would be appointed every five years to ensure that no one president could appoint an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>Rep. Jerrold Nadler, a New York Democrat who chairs the Judiciary Committee, noted that over the last two years Congress has appropriated hundreds of millions of additional dollars to hire new judges. He asked Karen Grisez, a witness from the \u003ca href=\"https://www.americanbar.org/groups/public_interest/immigration/\">American Bar Association\u003c/a>, why that hadn’t solved the backlog.\u003c/p>\n\u003cp>The problems affecting the court are complex, and include years of underfunding and continually shifting political priorities, Grisez responded. “And a big one that I would point out is access to counsel,” she added. “The court system would be more efficient if people had lawyers.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Still uncertain is whether or not a bill to reform the courts would include the right to court-appointed counsel for immigrants who can’t find or afford their own attorneys.\u003c/p>\n\u003cp>Republicans on the committee laid blame for the immigration court backlog on the growing number of migrants seeking asylum at the U.S.-Mexico border. Wisconsin Rep. Tom Tiffany blasted President Biden for what he called “anti-enforcement and open border policies.”\u003c/p>\n\u003cp>“It is unfortunate that our United States government now, as a result of the Biden administration's actions, has become the largest human trafficking operation in the world,” he said.\u003c/p>\n\u003cp>Under U.S. and international law, the federal government is required to give an asylum hearing to anyone who demonstrates a credible fear of being persecuted if returned to their home country.\u003c/p>\n\u003cp>Andrew Arthur, a former immigration judge and current fellow with the \u003ca href=\"https://cis.org\">Center for Immigration Studies\u003c/a>, a group that favors restrictive immigration policies, also blamed the backlog on the increase in asylum seekers, which he called a “crisis at the border.” He said creating an independent Article I court would not solve the issues immigration judges face, including the need for more funding for law clerks and other support staff.\u003c/p>\n\u003cp>“Immigration is contentious,” he said. “And Congress, with the power of the purse, could easily starve an immigration court whose decisions it does not agree with.”\u003c/p>\n\u003cp>But Stevens, of the National Bar Association, argued that the country already has successful examples of Article I courts, and such a reform is the surest route to ensuring that immigration courts run efficiently and independently.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“No simple Band-Aid can fix the current broken system,” she said. “Only through major surgery can the system be restored to full and proper functionality. Let this be the Congress that addresses this problem and solves it.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11902290/south-bay-rep-calls-for-overhaul-of-immigration-court-system-to-block-political-meddling","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_29739","news_26233","news_25969","news_2755","news_20202","news_6883","news_29738","news_2013"],"featImg":"news_11902344","label":"news"},"news_11900546":{"type":"posts","id":"news_11900546","meta":{"index":"posts_1591205157","site":"news","id":"11900546","score":null,"sort":[1641204019000]},"guestAuthors":[],"slug":"i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process","title":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process","publishDate":1641204019,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called \"dedicated docket\" is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>[aside postID=\"news_11883227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1150824330-1020x680.jpg\"]“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>[aside postID=\"news_11886227\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51127_010_SanJose_Immigration_08232021-qut-1020x680.jpg\"]One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the 'rocket docket'\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>[pullquote size='large' align='right']People in the federal immigration court system do not have the right to a court-appointed lawyer if they can't find their own, unlike defendants in criminal court.[/pullquote]The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"(max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I'm from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It's harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Johanna Torres, immigration attorney\"]'I don’t know if the people that are being named to supervise this actually know what's happening in the trenches.'[/pullquote]“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='immigration']Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"To cut down backlogs in courts, the federal government has expedited the asylum process. But that leaves less time for asylum seekers to find legal representation.","status":"publish","parent":0,"modified":1641234117,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":2019},"headData":{"title":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process | KQED","description":"To cut down backlogs in courts, the federal government has expedited the asylum process. But that leaves less time for asylum seekers to find legal representation.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process","datePublished":"2022-01-03T10:00:19.000Z","dateModified":"2022-01-03T18:21:57.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11900546 https://ww2.kqed.org/news/?p=11900546","disqusUrl":"https://ww2.kqed.org/news/2022/01/03/i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process/","disqusTitle":"'I Hope a Lawyer Will Answer': Asylum-Seekers Risk Deportation in Expedited Process","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/49ec84a6-b757-4fcb-911e-ae04013527fc/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11900546/i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Pablo López sat on the small balcony of an apartment in a Walnut Creek housing complex, dialing phone numbers for legal aid groups across the Bay Area.\u003c/p>\n\u003cp>Just above his head, the freshly washed Chick-fil-A uniforms of his housemates were hanging to dry. He was focused on a printed list of nonprofit legal service groups and private immigration attorneys, hoping that one of them might help him make his case for asylum in the United States.\u003c/p>\n\u003cp>He doesn’t have long to find an attorney because his case falls under the expedited asylum process created in May by the Biden administration for recently arrived families. The aim of the so-called \"dedicated docket\" is \u003ca href=\"https://www.justice.gov/opa/pr/dhs-and-doj-announce-dedicated-docket-process-more-efficient-immigration-hearings\">to resolve asylum cases more quickly\u003c/a>, with a loose goal of a judge issuing a decision within 300 days of the initial court appearance.\u003c/p>\n\u003cp>It’s an effort to prevent such cases from slipping into an immigration court backlog that recently surpassed 1.5 million cases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11883227","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/07/GettyImages-1150824330-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Families who have recently arrived should not languish in a multiyear backlog,” said Homeland Security Secretary Alejandro Mayorkas when the program was launched.\u003c/p>\n\u003cp>But without legal help, López and thousands like him must navigate an unfamiliar system on their own — and face deportation if they fail.\u003c/p>\n\u003cp>The two-bedroom apartment in Walnut Creek is the home of an old friend from Nicaragua. López and his 12-year-old son have been bunking in the living room since they arrived in July. The guest room is occupied by a family of four who also fled political violence in Nicaragua last summer.\u003c/p>\n\u003cp>López said he and his son abruptly left their town in the Nicaraguan mountains after local government officials came to his house and tried to strong-arm him into working for the reelection campaign of President Daniel Ortega, flashing a gun and threatening to kill him if he resisted.\u003c/p>\n\u003cp>“In the next town over, they beat people up and took them away, and nobody knew where they’d gone,” said López, speaking in Spanish, of Ortega’s supporters.\u003c/p>\n\u003cp>We’re using a variation on his name to protect his identity because he fears for his family’s safety — and his own if he were forced to return to Nicaragua.\u003c/p>\n\u003cp>López, 37, said he was never involved in politics. Instead, he worked in construction to support his parents, his wife and two kids.\u003c/p>\n\u003cp>He wishes he could send money home to the wife and toddler he had to leave behind, but the cash he earns from odd jobs is just enough to feed him and his son. He said his wife tells him she and their daughter are fine, but he’s not convinced. Ortega’s supporters have been asking his family and his neighbors about his whereabouts.\u003c/p>\n\u003cp>The journey north took a month, and López and his son traveled much of it on foot, resting in migrant shelters when they could find them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11886227","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51127_010_SanJose_Immigration_08232021-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>One night they were on a bus somewhere in central Mexico, López said, when Mexican police officers stopped the bus and made him and other Central American migrants get off. Then the officers took all their money before allowing them to continue on their journey.\u003c/p>\n\u003cp>“So when we reached the border, we had nothing, no money. We were hungry,” he said. “The hardest thing was not being able to care for my son. I had to beg people for food and water. That’s how we made it.”\u003c/p>\n\u003cp>They were held for three days by U.S. Customs and Border Protection in Arizona, then released with a notice to appear in immigration court.\u003c/p>\n\u003ch3>The ups and downs of the 'rocket docket'\u003c/h3>\n\u003cp>Both the Obama and Trump administrations implemented versions of an expedited “rocket docket” to handle the growing number of asylum seekers arriving at the U.S.-Mexico border. The Trump administration, in particular, stripped away due-process protections, and well over 90% of cases ended in a deportation order, \u003ca href=\"https://www.migrationpolicy.org/news/due-process-questions-rocket-dockets-family-migrants\">according to analysis by the nonpartisan Migration Policy Institute\u003c/a>.\u003c/p>\n\u003cp>Advocates say the current system has more safeguards for migrant families and isn’t placing them in detention facilities, but the accelerated pace still makes it tough for asylum seekers like López to find legal representation.\u003c/p>\n\u003cp>People in the federal immigration court system do not have the right to a court-appointed lawyer if they can’t find their own, unlike defendants in criminal court. Last year, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">a third of all immigrants in asylum cases did not have representation\u003c/a>, according to \u003ca href=\"https://trac.syr.edu/aboutTRACgeneral.html\">data analyzed by the Transactional Records Access Clearinghouse\u003c/a>, or TRAC, a research center at Syracuse University.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"People in the federal immigration court system do not have the right to a court-appointed lawyer if they can't find their own, unlike defendants in criminal court.","name":"pullquote","attributes":{"named":{"size":"large","align":"right","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Biden administration has taken steps to increase access to lawyers, \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">including asking Congress to budget $15 million to provide representation to families and children\u003c/a>, as well as $23 million for legal orientation programs. But Congress has yet to act.\u003c/p>\n\u003cp>The stakes are high. Over the last two decades, just 10% of asylum seekers without legal representation won their cases, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">while those with lawyers were nearly four times as likely to win protection\u003c/a>, according to TRAC’s data.\u003c/p>\n\u003ch3>\u003cstrong>An impossible situation\u003c/strong>\u003c/h3>\n\u003cp>López said he calls lawyers every day. He’s spoken to at least half a dozen. Most say they’re overloaded.\u003c/p>\n\u003cp>He said one private attorney quoted him a fee of $17,000, money he simply doesn’t have. Mostly, though, he’s gotten voicemail.\u003c/p>\n\u003cp>“I know it’s better to have a lawyer because there’s a higher chance of winning asylum that way,” said López. “But the judge said she’s going to move my case forward even if I don’t have one.”\u003c/p>\n\u003cp>In late October, López went before an immigration judge in San Francisco and told her he’d had no luck finding a lawyer. He had been to court twice before, and both times the judge had given him a few more weeks to try.\u003c/p>\n\u003cp>The third time she granted him three months, setting his next hearing for Jan. 26. But if he didn’t bring a completed asylum application to court next time, she said, she would deem his asylum claim abandoned and order him and his son deported.\u003c/p>\n\u003cp>López, who speaks only Spanish, has no idea how to complete the detailed, \u003ca href=\"https://www.uscis.gov/sites/default/files/document/forms/i-589.pdf\">12-page asylum application form in English\u003c/a>. But that’s the necessary first step to explain why he fears persecution, one of the five legal grounds — race, religion, nationality, political opinion or membership in a particular social group — for seeking asylum.\u003c/p>\n\u003cp>Johanna Torres, an immigration attorney with a private practice in San Leandro, met López in October. Once a week, she fills in as “attorney of the day” at the San Francisco court as part of a Bar Association of San Francisco program to give immigrants basic legal guidance.\u003c/p>\n\u003cp>Torres gave López the handout with the phone numbers he’s been calling. She said attorneys are not allowed to help with asylum forms unless they officially represent the person. Without help, she knows, the process is bewildering.\u003c/p>\n\u003cfigure id=\"attachment_11900568\" class=\"wp-caption alignnone\" style=\"max-width: 1917px\">\u003cimg class=\"size-full wp-image-11900568\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg\" alt=\"A person sits at their desk in an office, facing a monitor.\" width=\"1917\" height=\"1279\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2.jpg 1917w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/12/JohannaTorres2-1536x1025.jpg 1536w\" sizes=\"(max-width: 1917px) 100vw, 1917px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Johanna Torres says it’s hard for lawyers to take on asylum seekers like López because the fast-track “dedicated docket” doesn’t allow enough time to prepare their cases. With a shortage of lawyers and no right to court-appointed counsel, Torres, seen here in her San Leandro office on Nov. 15, 2021, says asylum seekers are in “an impossible situation.” \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I put myself in their position,” she said. “I’m in a country that’s speaking a language that I don’t understand and I’m afraid of going back to whatever country I'm from. And they’re like, ‘Fill out this application that’s in a different language. I know you don’t know anyone. You don’t have the money to hire anyone. But if you don’t bring it, then we’re going to have to deport you.’ It’s an impossible situation for them.”\u003c/p>\n\u003cp>Torres knows about the political repression in Nicaragua, \u003ca href=\"https://www.npr.org/2021/11/05/1052968032/having-jailed-opposition-candidates-daniel-ortega-is-set-to-win-nicaragua-presid\">where Ortega jailed seven opposition candidates in the lead-up to his reelection in November\u003c/a>. She believes López could be in serious peril if he were returned there.\u003c/p>\n\u003cp>But she and other immigration lawyers say the swift pace of the dedicated docket makes it tricky for attorneys to accept clients like López.\u003c/p>\n\u003cp>“I do not have the resources to complete a case in two months,” she said. “It's harder for [asylum seekers] to find representation because it’s hard for us to take on cases that are that fast.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>Room for improvement\u003c/strong>\u003c/h3>\n\u003cp>A spokesperson for the Executive Office for Immigration Review, as the federal immigration court system is known, said that while the goal of the dedicated docket is to resolve cases in less than a year, judges do have leeway to give immigrants more time to look for a lawyer. In a statement, she said “fairness will not be compromised.”\u003c/p>\n\u003cp>Torres said she thinks the dedicated docket was Biden’s corrective to the Trump administration’s controversial strategy of holding court in tents erected at the border where immigration lawyers can be scarce.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I don’t know if the people that are being named to supervise this actually know what's happening in the trenches.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Johanna Torres, immigration attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I think we’re doing better than under the previous administration,” Torres said. “But there’s a lot of room for improvement, and I don’t know if the people that are being named to supervise this actually know what’s happening in the trenches.”\u003c/p>\n\u003cp>Mimi Tsankov, president of the National Association of Immigration Judges, said she’s also concerned about fairness.\u003c/p>\n\u003cp>“Fair notice and access to counsel, adequate time periods within which to seek representation — [that’s] certainly an important component of providing due process,” she said.\u003c/p>\n\u003cp>Tsankov said she’s encouraged that the director of EOIR sent a memo to the judges in November instructing them to work closely with the pro bono lawyers in their area to “accommodate and facilitate” getting free legal services to more immigrants in deportation proceedings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Still, \u003ca href=\"https://trac.syr.edu/phptools/immigration/asyfile/\">the number of people seeking asylum has grown in recent years\u003c/a>. Without more federal funds or a mandate to ensure every person in immigration court has representation, such initiatives are likely to fall short.\u003c/p>\n\u003cp>López paced the tiny balcony at his friend’s place in Walnut Creek as the sun sank low in the sky, repeatedly dialing the numbers on his list. Inside the apartment, his son and the children of the other newly arrived family played on the couch. The mother of those kids prepared tortillas for supper as ranchera music played on the radio.\u003c/p>\n\u003cp>“I hope a lawyer will answer,” López said. “The journey was hard, and crossing Mexico was dangerous. But we’ve come this far, with God’s help.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11900546/i-hope-a-lawyer-will-answer-asylum-seekers-risk-deportation-in-expedited-process","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_30454","news_27626","news_21027","news_20202","news_23454","news_6883","news_29105","news_21791","news_21072","news_28162","news_24303","news_21920","news_2281"],"featImg":"news_11900569","label":"news"},"news_11886227":{"type":"posts","id":"news_11886227","meta":{"index":"posts_1591205157","site":"news","id":"11886227","score":null,"sort":[1629937901000]},"guestAuthors":[],"slug":"like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","publishDate":1629937901,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I have to keep opening up the trunk and pulling out those memories.'[/pullquote]\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Homeland Security Secretary Alejandro Mayorkas\"]'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'[/pullquote]\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"asylum-seeker\"]\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dulce Garcia, Director of Border Angels\"]'If we're going to rework the system, I think there are better ways to do so.'[/pullquote]\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"Immigration Stories\" tag=\"immigration\"]\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I wish that whatever’s going to happen, would just happen.'[/pullquote]\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","status":"publish","parent":0,"modified":1630015506,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2176},"headData":{"title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma | KQED","description":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","datePublished":"2021-08-26T00:31:41.000Z","dateModified":"2021-08-26T22:05:06.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11886227 https://ww2.kqed.org/news/?p=11886227","disqusUrl":"https://ww2.kqed.org/news/2021/08/25/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma/","disqusTitle":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/51991678-2330-4fd4-99ae-ad90010cd8f0/audio.mp3","path":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","audioDuration":271000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I have to keep opening up the trunk and pulling out those memories.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Homeland Security Secretary Alejandro Mayorkas","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"asylum-seeker"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If we're going to rework the system, I think there are better ways to do so.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dulce Garcia, Director of Border Angels","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Immigration Stories ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I wish that whatever’s going to happen, would just happen.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_23087","news_29824","news_26233","news_20458","news_18538","news_2755","news_20649","news_24239","news_27626","news_29823","news_20202","news_6883","news_28316","news_22226","news_20058","news_22530","news_21628","news_26537"],"featImg":"news_11886356","label":"news_72"},"news_11883227":{"type":"posts","id":"news_11883227","meta":{"index":"posts_1591205157","site":"news","id":"11883227","score":null,"sort":[1627747217000]},"guestAuthors":[],"slug":"backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","title":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","publishDate":1627747217,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>If you are an immigrant requesting asylum or fighting deportation before the federal immigration court in San Francisco, it’s likely to take nearly three years for your case to be resolved — the \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/court_proctime_outcome.php\">average processing time\u003c/a>, as of June, was 1,057 days.\u003c/p>\n\u003cp>That's because the San Francisco court’s 26 judges are working their way through close to 76,000 cases — the third highest \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">number of pending cases\u003c/a> in the country, after New York and Miami. Nationwide, the backlog has grown to an unprecedented 1.3 million cases, more than twice what it was when President Donald Trump took office.\u003c/p>\n\u003cp>What’s at stake, says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington DC, is the credibility of the entire immigration system — both for the individuals whose futures are on the line, and for broader public confidence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It's a system that is pretty badly broken,\" said Meissner, who ran the former Immigration and Naturalization Service under President Bill Clinton. \"So people who are waiting for decisions can be waiting for years at a time. The degree to which those decisions are delayed means that the full functioning of immigration as a system has an incredibly weak link.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Doris Meissner, Migration Policy Institute\"]'It's a system that is pretty badly broken. So people who are waiting for decisions can be waiting for years at a time.'[/pullquote]\u003c/p>\n\u003cp>But the nation's immigration courts may soon be in for some big changes that not only address the backlog but could also tackle the very structure of how justice is delivered to millions of immigrants fighting for the right to live legally in the United States.\u003c/p>\n\u003cp>In recent weeks, U.S. Attorney General Merrick Garland reversed several Trump-era decisions that had made winning asylum nearly impossible, especially for victims of domestic violence or gang violence. He also overturned a policy of former Attorney General Jeff Sessions that had stripped discretion from immigration judges over how they handle the flow of cases on their dockets.\u003c/p>\n\u003cp>And this week, in a \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">\"blueprint\"\u003c/a> for managing migration, President Joe Biden outlined a focus for improving the functioning of the immigration courts — especially the way asylum cases are decided.\u003c/p>\n\u003cp>\u003cstrong>Pandemic compounds backlog\u003c/strong>\u003c/p>\n\u003cp>The epic case backlog results from a convergence of factors.\u003c/p>\n\u003cp>Immigration enforcement, which had increased under President Barack Obama, \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">ballooned\u003c/a> during the presidency of Donald Trump. Trump ended Obama-era prosecution priorities that focused on immigrants with serious criminal histories, and instead pursued deportation of any undocumented immigrant. As of last December, \u003ca href=\"https://trac.syr.edu/immigration/reports/637/\">more than 98%\u003c/a> of the cases in immigration court were for people whose only charge was an immigration violation, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.\u003c/p>\n\u003cp>Also in the past several years, a much larger share of the migrants arriving at the U.S.-Mexico border are people requesting asylum, rather than trying to evade border authorities to come work or join family in the U.S. And if migrants can establish a \"credible fear\" of persecution in a screening interview with an asylum officer, they can’t be quickly removed from the country. Instead, \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">their cases\u003c/a> go straight into the immigration court system.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"immigration-courts\"]\u003c/p>\n\u003cp>But that court system is chronically underfunded, with not enough judges or support staff, according to a \u003ca href=\"https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf\">2019 report\u003c/a> by the American Bar Association. While the Trump administration hired more judges and imposed a case completion quota on judges meant to speed up their work, neither made a dent in the backlog. Meanwhile the ABA report found that hiring practices became politicized and the administration’s policies threatened due process.\u003c/p>\n\u003cp>On top of all of that came the COVID-19 pandemic, which led to months of closed courts, suspended hearings and delayed processing.\u003c/p>\n\u003cp>While many state and federal courts moved quickly to conduct hearings over video conference calls, the Executive Office of Immigration Review, as the immigration court system is known, was behind the curve, according to longtime San Francisco immigration judge, Dana Leigh Marks, who is the executive vice president of the National Association of Immigration Judges.\u003c/p>\n\u003cp>\"What the pandemic and quarantine restrictions revealed is just how abysmally prepared EOIR has been from the technology aspect,\" said Marks, speaking in her role with the NAIJ, the judge’s union. \"And we do not have universal electronic filing... so there's roughly a million cases or more that are still paper-based. And that really makes hearings from a judge's home much more problematic.\"\u003c/p>\n\u003cp>\u003cstrong>More judges, plus asylum officers who can decide claims\u003c/strong>\u003c/p>\n\u003cp>Biden has proposed increasing the budget to hire an additional 100 immigration judges, above the current 539, as well as more support staff. He would increase legal representation for immigrants, and create a dedicated court docket for asylum cases. But the biggest change would be to empower asylum officers to decide asylum claims that are currently handled by immigration judges.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.uscis.gov/sites/default/files/document/foia/USCIS_asylum_officers-Representative_Biggs.pdf\">nearly 800 asylum officers\u003c/a>, who work for U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, already conduct those initial credible fear screenings at the border. And they adjudicate the cases of people who claim asylum while already present in the U.S. But under the current system, if someone asks for asylum as they’re entering the country at a border, they have to make their case before an immigration judge.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"immigration\"]\u003c/p>\n\u003cp>A third to a half of all the new cases in immigration court in the last few years have been asylum applications. Transferring those to asylum officers could make a big difference in reducing the court backlog, says Meissner, who has been advocating for such a change. And, she says, there are other advantages.\u003c/p>\n\u003cp>\"It's an interview process rather than a courtroom process... and it is more suitable for asylum seekers to be able to lay out their case and the reasons,\" she said. \"And asylum officers do only asylum cases, so that's their full training. They’re very well trained.\"\u003c/p>\n\u003cp>And if a person’s case is denied by an asylum officer, they still have the right to appeal to an immigration judge.\u003c/p>\n\u003cp>Meissner said she expects the administration will soon issue a proposed new rule to make this change.\u003c/p>\n\u003cp>Advocates for asylum seekers are also looking forward to seeing new regulations from the Biden administration in another area: establishing clear eligibility standards for asylum so as to prevent future instances where an attorney general can override decades of case law, as Sessions did in the case of a Salvadoran woman fleeing domestic violence, known as the \u003ca href=\"https://www.kqed.org/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims\">Matter of A-B-\u003c/a>.\u003c/p>\n\u003cp>Karen Musalo, director of the Center on Gender and Refugee Studies at UC Hastings in San Francisco, said she was relieved when Garland reversed that ruling in June, but she called that just a first step in restoring fairness to the asylum system.\u003c/p>\n\u003cp>\"What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms,\" she said. \"We need to get the law back on track.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Karen Musalo, Center on Gender and Refugee Studies at UC Hastings\"]'What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms. We need to get the law back on track.'[/pullquote]\u003c/p>\n\u003cp>That regulation is being drafted jointly by the departments of Justice and Homeland Security and is expected by late October, she said.\u003c/p>\n\u003cp>Musalo also called on the Biden administration to improve training and oversight for immigration judges, who are appointed to the bench by the U.S. attorney general. The fact that asylum grant rates vary wildly between judges suggests that rulings can be influenced by political leanings more than an impartial application of the law, she said.\u003c/p>\n\u003cp>\"You could have very good rules and laws, but if you don't have fair, unbiased, competent, professional individuals applying the rules in the law, you don't solve the problems,\" she said. \"How can you have a fair game when the referee is unfair?\"\u003c/p>\n\u003cp>\u003cstrong>Overhauling the entire immigration court system?\u003c/strong>\u003c/p>\n\u003cp>Some say the need for change goes beyond better staffing and training, and beyond measures to reduce the case backlog. They say the very structure of the immigration court system undermines its independence and compromises justice for immigrants.\u003c/p>\n\u003cp>The court agency, EOIR, is a branch of the Department of Justice, which is a law enforcement agency and part of the executive branch, not the judicial branch where federal civil and criminal courts are located. Immigration courts are part of an administrative law system, more like the one that handles appeals of Social Security decisions, for example. The federal rules of evidence don’t apply in immigration court. And though immigrants have the right to be represented by a lawyer, they don’t have the right to counsel at government expense if they can’t afford their own lawyer, the way a criminal defendant does.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dana Leigh Marks, National Association of Immigration Judges\"]'It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix.'[/pullquote]\u003c/p>\n\u003cp>Legal organizations including the American Bar Association, the American Immigration Lawyers Association and NAIJ, the judges’ union, have long called on Congress to overhaul the immigration courts by taking them out of the Department of Justice altogether. And this summer there’s a move to do just that.\u003c/p>\n\u003cp>Rep. Zoe Lofgren, D-San Jose, the chair of the House immigration subcommittee, will soon introduce a bill to make the immigration court system a so-called Article I court, akin to federal tax court or bankruptcy court. Staff involved in drafting the bill say the new system would better protect due process of law and would be shielded from political pressure from presidents, be they Democratic or Republican.\u003c/p>\n\u003cp>Some observers, including Meissner and Musalo, say such a change is needed but they aren't convinced the bill could win enough support to pass.\u003c/p>\n\u003cp>But Marks, the immigration judge, says the current dysfunction shows how badly the immigration courts are compromised and how urgently they need independence from the Department of Justice.\u003c/p>\n\u003cp>\"It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix,\" she said. \"I really feel like it is an idea whose time has come... now.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A Biden plan to empower asylum officers could help reduce an unprecedented case backlog. But some say the dysfunction in immigration courts goes deeper, and San Jose Rep. Zoe Lofgren is drafting a bill to make the courts truly independent.","status":"publish","parent":0,"modified":1627830880,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1784},"headData":{"title":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul | KQED","description":"A Biden plan to empower asylum officers could help reduce an unprecedented case backlog. But some say the dysfunction in immigration courts goes deeper, and San Jose Rep. Zoe Lofgren is drafting a bill to make the courts truly independent.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","datePublished":"2021-07-31T16:00:17.000Z","dateModified":"2021-08-01T15:14:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11883227 https://ww2.kqed.org/news/?p=11883227","disqusUrl":"https://ww2.kqed.org/news/2021/07/31/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul/","disqusTitle":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/354e6a2f-59a9-4aae-b6db-ad75011ce789/audio.mp3","path":"/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>If you are an immigrant requesting asylum or fighting deportation before the federal immigration court in San Francisco, it’s likely to take nearly three years for your case to be resolved — the \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/court_proctime_outcome.php\">average processing time\u003c/a>, as of June, was 1,057 days.\u003c/p>\n\u003cp>That's because the San Francisco court’s 26 judges are working their way through close to 76,000 cases — the third highest \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">number of pending cases\u003c/a> in the country, after New York and Miami. Nationwide, the backlog has grown to an unprecedented 1.3 million cases, more than twice what it was when President Donald Trump took office.\u003c/p>\n\u003cp>What’s at stake, says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington DC, is the credibility of the entire immigration system — both for the individuals whose futures are on the line, and for broader public confidence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It's a system that is pretty badly broken,\" said Meissner, who ran the former Immigration and Naturalization Service under President Bill Clinton. \"So people who are waiting for decisions can be waiting for years at a time. The degree to which those decisions are delayed means that the full functioning of immigration as a system has an incredibly weak link.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's a system that is pretty badly broken. So people who are waiting for decisions can be waiting for years at a time.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Doris Meissner, Migration Policy Institute","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the nation's immigration courts may soon be in for some big changes that not only address the backlog but could also tackle the very structure of how justice is delivered to millions of immigrants fighting for the right to live legally in the United States.\u003c/p>\n\u003cp>In recent weeks, U.S. Attorney General Merrick Garland reversed several Trump-era decisions that had made winning asylum nearly impossible, especially for victims of domestic violence or gang violence. He also overturned a policy of former Attorney General Jeff Sessions that had stripped discretion from immigration judges over how they handle the flow of cases on their dockets.\u003c/p>\n\u003cp>And this week, in a \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">\"blueprint\"\u003c/a> for managing migration, President Joe Biden outlined a focus for improving the functioning of the immigration courts — especially the way asylum cases are decided.\u003c/p>\n\u003cp>\u003cstrong>Pandemic compounds backlog\u003c/strong>\u003c/p>\n\u003cp>The epic case backlog results from a convergence of factors.\u003c/p>\n\u003cp>Immigration enforcement, which had increased under President Barack Obama, \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">ballooned\u003c/a> during the presidency of Donald Trump. Trump ended Obama-era prosecution priorities that focused on immigrants with serious criminal histories, and instead pursued deportation of any undocumented immigrant. As of last December, \u003ca href=\"https://trac.syr.edu/immigration/reports/637/\">more than 98%\u003c/a> of the cases in immigration court were for people whose only charge was an immigration violation, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.\u003c/p>\n\u003cp>Also in the past several years, a much larger share of the migrants arriving at the U.S.-Mexico border are people requesting asylum, rather than trying to evade border authorities to come work or join family in the U.S. And if migrants can establish a \"credible fear\" of persecution in a screening interview with an asylum officer, they can’t be quickly removed from the country. Instead, \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">their cases\u003c/a> go straight into the immigration court system.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"immigration-courts"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But that court system is chronically underfunded, with not enough judges or support staff, according to a \u003ca href=\"https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf\">2019 report\u003c/a> by the American Bar Association. While the Trump administration hired more judges and imposed a case completion quota on judges meant to speed up their work, neither made a dent in the backlog. Meanwhile the ABA report found that hiring practices became politicized and the administration’s policies threatened due process.\u003c/p>\n\u003cp>On top of all of that came the COVID-19 pandemic, which led to months of closed courts, suspended hearings and delayed processing.\u003c/p>\n\u003cp>While many state and federal courts moved quickly to conduct hearings over video conference calls, the Executive Office of Immigration Review, as the immigration court system is known, was behind the curve, according to longtime San Francisco immigration judge, Dana Leigh Marks, who is the executive vice president of the National Association of Immigration Judges.\u003c/p>\n\u003cp>\"What the pandemic and quarantine restrictions revealed is just how abysmally prepared EOIR has been from the technology aspect,\" said Marks, speaking in her role with the NAIJ, the judge’s union. \"And we do not have universal electronic filing... so there's roughly a million cases or more that are still paper-based. And that really makes hearings from a judge's home much more problematic.\"\u003c/p>\n\u003cp>\u003cstrong>More judges, plus asylum officers who can decide claims\u003c/strong>\u003c/p>\n\u003cp>Biden has proposed increasing the budget to hire an additional 100 immigration judges, above the current 539, as well as more support staff. He would increase legal representation for immigrants, and create a dedicated court docket for asylum cases. But the biggest change would be to empower asylum officers to decide asylum claims that are currently handled by immigration judges.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.uscis.gov/sites/default/files/document/foia/USCIS_asylum_officers-Representative_Biggs.pdf\">nearly 800 asylum officers\u003c/a>, who work for U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, already conduct those initial credible fear screenings at the border. And they adjudicate the cases of people who claim asylum while already present in the U.S. But under the current system, if someone asks for asylum as they’re entering the country at a border, they have to make their case before an immigration judge.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A third to a half of all the new cases in immigration court in the last few years have been asylum applications. Transferring those to asylum officers could make a big difference in reducing the court backlog, says Meissner, who has been advocating for such a change. And, she says, there are other advantages.\u003c/p>\n\u003cp>\"It's an interview process rather than a courtroom process... and it is more suitable for asylum seekers to be able to lay out their case and the reasons,\" she said. \"And asylum officers do only asylum cases, so that's their full training. They’re very well trained.\"\u003c/p>\n\u003cp>And if a person’s case is denied by an asylum officer, they still have the right to appeal to an immigration judge.\u003c/p>\n\u003cp>Meissner said she expects the administration will soon issue a proposed new rule to make this change.\u003c/p>\n\u003cp>Advocates for asylum seekers are also looking forward to seeing new regulations from the Biden administration in another area: establishing clear eligibility standards for asylum so as to prevent future instances where an attorney general can override decades of case law, as Sessions did in the case of a Salvadoran woman fleeing domestic violence, known as the \u003ca href=\"https://www.kqed.org/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims\">Matter of A-B-\u003c/a>.\u003c/p>\n\u003cp>Karen Musalo, director of the Center on Gender and Refugee Studies at UC Hastings in San Francisco, said she was relieved when Garland reversed that ruling in June, but she called that just a first step in restoring fairness to the asylum system.\u003c/p>\n\u003cp>\"What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms,\" she said. \"We need to get the law back on track.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms. We need to get the law back on track.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Karen Musalo, Center on Gender and Refugee Studies at UC Hastings","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That regulation is being drafted jointly by the departments of Justice and Homeland Security and is expected by late October, she said.\u003c/p>\n\u003cp>Musalo also called on the Biden administration to improve training and oversight for immigration judges, who are appointed to the bench by the U.S. attorney general. The fact that asylum grant rates vary wildly between judges suggests that rulings can be influenced by political leanings more than an impartial application of the law, she said.\u003c/p>\n\u003cp>\"You could have very good rules and laws, but if you don't have fair, unbiased, competent, professional individuals applying the rules in the law, you don't solve the problems,\" she said. \"How can you have a fair game when the referee is unfair?\"\u003c/p>\n\u003cp>\u003cstrong>Overhauling the entire immigration court system?\u003c/strong>\u003c/p>\n\u003cp>Some say the need for change goes beyond better staffing and training, and beyond measures to reduce the case backlog. They say the very structure of the immigration court system undermines its independence and compromises justice for immigrants.\u003c/p>\n\u003cp>The court agency, EOIR, is a branch of the Department of Justice, which is a law enforcement agency and part of the executive branch, not the judicial branch where federal civil and criminal courts are located. Immigration courts are part of an administrative law system, more like the one that handles appeals of Social Security decisions, for example. The federal rules of evidence don’t apply in immigration court. And though immigrants have the right to be represented by a lawyer, they don’t have the right to counsel at government expense if they can’t afford their own lawyer, the way a criminal defendant does.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dana Leigh Marks, National Association of Immigration Judges","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Legal organizations including the American Bar Association, the American Immigration Lawyers Association and NAIJ, the judges’ union, have long called on Congress to overhaul the immigration courts by taking them out of the Department of Justice altogether. And this summer there’s a move to do just that.\u003c/p>\n\u003cp>Rep. Zoe Lofgren, D-San Jose, the chair of the House immigration subcommittee, will soon introduce a bill to make the immigration court system a so-called Article I court, akin to federal tax court or bankruptcy court. Staff involved in drafting the bill say the new system would better protect due process of law and would be shielded from political pressure from presidents, be they Democratic or Republican.\u003c/p>\n\u003cp>Some observers, including Meissner and Musalo, say such a change is needed but they aren't convinced the bill could win enough support to pass.\u003c/p>\n\u003cp>But Marks, the immigration judge, says the current dysfunction shows how badly the immigration courts are compromised and how urgently they need independence from the Department of Justice.\u003c/p>\n\u003cp>\"It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix,\" she said. \"I really feel like it is an idea whose time has come... now.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_29739","news_23087","news_20202","news_6883","news_20377","news_19267","news_29738","news_22226","news_20058","news_26537"],"featImg":"news_11883280","label":"news"},"news_11875913":{"type":"posts","id":"news_11875913","meta":{"index":"posts_1591205157","site":"news","id":"11875913","score":null,"sort":[1622236508000]},"guestAuthors":[],"slug":"us-to-expedite-immigration-cases-of-families-arriving-at-southern-border","title":"US to Expedite Immigration Cases of Families Arriving at Southern Border","publishDate":1622236508,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Families arriving at the U.S. border with Mexico will have their cases fast-tracked in immigration court, the Biden administration said Friday, less than two weeks after it said it was easing pandemic-related restrictions on seeking asylum.\u003c/p>\n\u003cp>Under the plan, which goes into effect Friday, families stopped on the border could be placed in expedited proceedings aimed at determining whether they can remain in the United States. Immigration judges would generally decide these cases within 300 days of an initial hearing in one of 10 cities including New York, Los Angeles and border communities such as El Paso, Texas, and San Diego, according to a joint statement from the U.S. Department of Justice and Homeland Security.\u003c/p>\n\u003cp>It isn't the first time U.S. officials have sought to expedite the immigration cases of families arriving on the Southwest border. The Trump and Obama administrations previously created dockets aimed at quickly deciding these cases in immigration courts, which are notoriously backlogged; cases can take years to resolve.\u003c/p>\n\u003cp>The latest iteration, which the administration is calling a “dedicated docket,” lets judges grant continuances “for good cause,” according to \u003ca href=\"https://www.justice.gov/eoir/book/file/1399361/download\">instructions\u003c/a> sent by the Justice Department. It calls the 300-day timeline “an internal goal.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.justice.gov/eoir/book/file/1399361/download\">announcement \u003c/a>comes as President Biden is under mounting pressure to lift pandemic-related restrictions on seeking asylum at the border that were put in place by the Trump administration in March 2020. Under the rules, citizens of Mexico, Guatemala, Honduras and El Salvador are typically expelled to Mexico within two hours without any opportunity to seek asylum or other humanitarian protections.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Biden exempted unaccompanied children, but about a third of people who arrive with their families are still subject to them, as is nearly every single adult. Last week, the administration took steps to ease the rules and agreed to eventually allow 250 people a day through border crossings to seek refuge in the U.S.\u003c/p>\n\u003cp>But immigrant advocates said creating dockets to speed asylum seekers through the courts isn't fair and in the past has created delays for other migrants already waiting years for their cases to be heard.\u003c/p>\n\u003cp>Eleanor Acer, senior director for refugee protection at Human Rights First, urged Biden to roll back Trump administration measures that make it difficult for Central American migrants fleeing violence to qualify for humanitarian protection in the U.S.\u003c/p>\n\u003cp>“U.S. asylum proceedings cannot be considered fair when the Biden administration continues to blatantly violate U.S. refugee laws and treaties,” she said in a statement.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"asylum\"]The U.S. Border Patrol had more than 170,000 encounters in April, its highest tally since March 2001, including 50,000 with people traveling in families. Many are repeat crossers because getting expelled carries no legal consequences.\u003c/p>\n\u003cp>Friday's announcement gives families at the border a higher priority than other cases in an immigration court system with about 1.3 million pending cases. Attorney General Merrick Garland said the effort aligns with his goal of immigration courts deciding cases “promptly and fairly.”\u003c/p>\n\u003cp>The National Association of Immigration Judges is studying the proposal, said Dana Marks, an immigration judge and the group's executive vice president. She said the group was not consulted about the plan.\u003c/p>\n\u003cp>Immigrants were issued deportation orders in more than 90% of the cases that were decided in the Trump administration’s family unit dockets, according to statistics from the Justice Department's Executive Office for Immigration Review, which runs immigration courts.\u003c/p>\n\u003cp>Aaron Reichlin-Melnick, policy counsel at American Immigration Council, a pro-immigration group, said the new plan appears to give judges more discretion to grant continuances in families' cases. But he said he's concerned because many asylum seekers placed in these special dockets during the last two administrations wound up representing themselves in court.\u003c/p>\n\u003cp>“We are very skeptical about yet another attempt to create a ‘rocket docket’ and continued to believe rushed justice is no justice at all,” he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In addition to courts in New York, Los Angeles, San Diego and El Paso, the docket is also being introduced in Denver; Detroit; Miami; Newark, New Jersey; San Francisco and Seattle.\u003c/p>\n\n","blocks":[],"excerpt":"The move comes as President Biden is under mounting pressure to lift pandemic-related restrictions on seeking asylum at the border that the Trump administration put in place in March 2020.","status":"publish","parent":0,"modified":1622238778,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":715},"headData":{"title":"US to Expedite Immigration Cases of Families Arriving at Southern Border | KQED","description":"The move comes as President Biden is under mounting pressure to lift pandemic-related restrictions on seeking asylum at the border that the Trump administration put in place in March 2020.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"US to Expedite Immigration Cases of Families Arriving at Southern Border","datePublished":"2021-05-28T21:15:08.000Z","dateModified":"2021-05-28T21:52:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11875913 https://ww2.kqed.org/news/?p=11875913","disqusUrl":"https://ww2.kqed.org/news/2021/05/28/us-to-expedite-immigration-cases-of-families-arriving-at-southern-border/","disqusTitle":"US to Expedite Immigration Cases of Families Arriving at Southern Border","nprByline":"Amy Taxin and Elliot Spagat\u003cbr>Associated Press","path":"/news/11875913/us-to-expedite-immigration-cases-of-families-arriving-at-southern-border","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Families arriving at the U.S. border with Mexico will have their cases fast-tracked in immigration court, the Biden administration said Friday, less than two weeks after it said it was easing pandemic-related restrictions on seeking asylum.\u003c/p>\n\u003cp>Under the plan, which goes into effect Friday, families stopped on the border could be placed in expedited proceedings aimed at determining whether they can remain in the United States. Immigration judges would generally decide these cases within 300 days of an initial hearing in one of 10 cities including New York, Los Angeles and border communities such as El Paso, Texas, and San Diego, according to a joint statement from the U.S. Department of Justice and Homeland Security.\u003c/p>\n\u003cp>It isn't the first time U.S. officials have sought to expedite the immigration cases of families arriving on the Southwest border. The Trump and Obama administrations previously created dockets aimed at quickly deciding these cases in immigration courts, which are notoriously backlogged; cases can take years to resolve.\u003c/p>\n\u003cp>The latest iteration, which the administration is calling a “dedicated docket,” lets judges grant continuances “for good cause,” according to \u003ca href=\"https://www.justice.gov/eoir/book/file/1399361/download\">instructions\u003c/a> sent by the Justice Department. It calls the 300-day timeline “an internal goal.”\u003c/p>\n\u003cp>The \u003ca href=\"https://www.justice.gov/eoir/book/file/1399361/download\">announcement \u003c/a>comes as President Biden is under mounting pressure to lift pandemic-related restrictions on seeking asylum at the border that were put in place by the Trump administration in March 2020. Under the rules, citizens of Mexico, Guatemala, Honduras and El Salvador are typically expelled to Mexico within two hours without any opportunity to seek asylum or other humanitarian protections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Biden exempted unaccompanied children, but about a third of people who arrive with their families are still subject to them, as is nearly every single adult. Last week, the administration took steps to ease the rules and agreed to eventually allow 250 people a day through border crossings to seek refuge in the U.S.\u003c/p>\n\u003cp>But immigrant advocates said creating dockets to speed asylum seekers through the courts isn't fair and in the past has created delays for other migrants already waiting years for their cases to be heard.\u003c/p>\n\u003cp>Eleanor Acer, senior director for refugee protection at Human Rights First, urged Biden to roll back Trump administration measures that make it difficult for Central American migrants fleeing violence to qualify for humanitarian protection in the U.S.\u003c/p>\n\u003cp>“U.S. asylum proceedings cannot be considered fair when the Biden administration continues to blatantly violate U.S. refugee laws and treaties,” she said in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"asylum"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The U.S. Border Patrol had more than 170,000 encounters in April, its highest tally since March 2001, including 50,000 with people traveling in families. Many are repeat crossers because getting expelled carries no legal consequences.\u003c/p>\n\u003cp>Friday's announcement gives families at the border a higher priority than other cases in an immigration court system with about 1.3 million pending cases. Attorney General Merrick Garland said the effort aligns with his goal of immigration courts deciding cases “promptly and fairly.”\u003c/p>\n\u003cp>The National Association of Immigration Judges is studying the proposal, said Dana Marks, an immigration judge and the group's executive vice president. She said the group was not consulted about the plan.\u003c/p>\n\u003cp>Immigrants were issued deportation orders in more than 90% of the cases that were decided in the Trump administration’s family unit dockets, according to statistics from the Justice Department's Executive Office for Immigration Review, which runs immigration courts.\u003c/p>\n\u003cp>Aaron Reichlin-Melnick, policy counsel at American Immigration Council, a pro-immigration group, said the new plan appears to give judges more discretion to grant continuances in families' cases. But he said he's concerned because many asylum seekers placed in these special dockets during the last two administrations wound up representing themselves in court.\u003c/p>\n\u003cp>“We are very skeptical about yet another attempt to create a ‘rocket docket’ and continued to believe rushed justice is no justice at all,” he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In addition to courts in New York, Los Angeles, San Diego and El Paso, the docket is also being introduced in Denver; Detroit; Miami; Newark, New Jersey; San Francisco and Seattle.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11875913/us-to-expedite-immigration-cases-of-families-arriving-at-southern-border","authors":["byline_news_11875913"],"categories":["news_1169","news_8"],"tags":["news_23087","news_23653","news_29052","news_23629","news_20595","news_18123","news_6884","news_20202","news_6883","news_22361","news_2240"],"featImg":"news_11875950","label":"news"},"news_11855277":{"type":"posts","id":"news_11855277","meta":{"index":"posts_1591205157","site":"news","id":"11855277","score":null,"sort":[1610653657000]},"guestAuthors":[],"slug":"immigration-court-fees-set-to-jump-dramatically-unless-judge-intervenes","title":"Immigration Court Fees Set to Jump Dramatically Unless Judge Intervenes","publishDate":1610653657,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Unless a federal judge intervenes after a hearing Thursday, a new Trump administration rule will dramatically increase the court fees asylum seekers and other immigrants must pay to defend themselves from deportation.\u003c/p>\n\u003cp>Four nonprofit legal service providers, in California and elsewhere, sued last month to block the \u003ca href=\"https://www.federalregister.gov/documents/2020/12/18/2020-27506/executive-office-for-immigration-review-fee-review\">new rule\u003c/a> by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR), which houses immigration courts.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cristina dos Santos, immigration rights attorney\"]'We have clients who struggle even to pay the bus fare that it would take to get to our offices to receive our services.'[/pullquote]\u003c/p>\n\u003cp>The changes, scheduled to take effect the day before President-elect Joe Biden takes office, would triple the filing costs for some forms and motions in deportation — also known as “removal” — proceedings. Other types of forms could be even seven or eight times as expensive.\u003c/p>\n\u003cp>The fee for green card holders and other immigrants to apply to immigration courts for cancellation of removal, for example, would rise from $100 to $305 if the changes are implemented. But the biggest fee hike would be for appealing an immigration judge’s ruling, which would jump from $110 to $975.\u003c/p>\n\u003cp>If the fee hikes are adopted, low-income immigrants will be priced out of a fair day in court, said Cristina dos Santos, who directs the immigration program at Community Legal Services in East Palo Alto, one of the organizations that sued to block the new rule.\u003c/p>\n\u003cp>“We have clients who struggle even to pay the bus fare that it would take to get to our offices to receive our services,” said dos Santos. “We are really concerned about our clients not being able to meet the fee, and even worse, not being able to access the rights that are in our laws.”\u003c/p>\n\u003cp>The rule would also introduce a new $50 fee to apply for asylum in immigration court, according to the \u003ca href=\"https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/challenging_drastic_immigration_court_fee_increases_that_limit_access_to_justice.pdf\">complaint\u003c/a>.\u003c/p>\n\u003cp>Plaintiffs argue EOIR’s new rule is “arbitrary and capricious,” and fails to adequately consider the impacts on immigrants fighting deportation, particularly those who are indigent.\u003c/p>\n\u003cp>[ad fullwidth]The agency defended the changes, saying it had not conducted a thorough review of its fees for more than 30 years, and that the new prices better reflect the actual costs of processing those applications.\u003c/p>\n\u003cp>EOIR Director James McHenry said the agency aims to save taxpayers nearly $45 million per year.\u003c/p>\n\u003cp>“The proposed fee increases are marginal in terms of inflation-adjusted dollars and would mitigate the significant taxpayer subsidization of these forms and motions,” said McHenry in a \u003ca href=\"https://www.justice.gov/eoir/pr/executive-office-immigration-review-proposes-rule-fees#:~:text=Increase%20the%20fee%20for%20Form%20EOIR%2D42B%20from%20%24100%20to,BIA%20from%20%24110%20to%20%24895.\">statement\u003c/a> when the agency first proposed the changes last year. “EOIR is long past due for a review of its fee-based filings, especially as its caseload and costs have increased substantially since 1986.”\u003c/p>\n\u003cp>But Robin Goldfaden, a San Francisco-based attorney with the National Immigration Law Center, who is representing plaintiffs, said EOIR does not need to increase the fees because its budget is primarily funded by Congress.\u003c/p>\n\u003cp>“This is not a fee-based agency. This is not a services agency where one comes forward and says, ‘I would like to apply for this benefit,’ ” said Goldfaden, noting that all individuals in immigration court are fighting removal proceedings that the federal government initiated.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]“This is essentially a judicial body and it serves a public interest and it is funded with hundreds of millions of dollars of congressional appropriation,” she said.\u003c/p>\n\u003cp>Immigrants will still be able to apply for fee waivers under the new rule. But Goldfaden and other attorneys said seeking a waiver can be risky. In some cases a court's decision on whether to waive a fee comes too late — after the deadline to file the associated form has passed, she said.\u003c/p>\n\u003cp>There are no clear standards for who is eligible for a waiver, added dos Santos, and approvals can vary widely from court to court.\u003c/p>\n\u003cp>U.S. District Court Judge Amit P. Mehta will hear the case Thursday afternoon in Washington, D.C.\u003c/p>\n\u003cp>Last fall, a federal judge for the Northern District of California blocked another Trump rule that would have nearly doubled the fee to become a U.S. citizen and would have sharply increased the cost of other immigration benefits, such as work permits.\u003c/p>\n\u003cp>Immigration courts in California received more than 71,000 new deportation cases in fiscal year 2018, with an additional 73,000 cases pending, according to \u003ca href=\"https://www.justice.gov/eoir/file/1198896/download\">the most recent available EOIR figures\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Under a new Trump administration rule, the court fees asylum seekers and other immigrants must pay to defend themselves from deportation would increase by hundreds of dollars, including the fee to appeal an immigration judge's decision, which would jump from $110 to $975.","status":"publish","parent":0,"modified":1610667046,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":771},"headData":{"title":"Immigration Court Fees Set to Jump Dramatically Unless Judge Intervenes | KQED","description":"Under a new Trump administration rule, the court fees asylum seekers and other immigrants must pay to defend themselves from deportation would increase by hundreds of dollars, including the fee to appeal an immigration judge's decision, which would jump from $110 to $975.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Immigration Court Fees Set to Jump Dramatically Unless Judge Intervenes","datePublished":"2021-01-14T19:47:37.000Z","dateModified":"2021-01-14T23:30:46.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11855277 https://ww2.kqed.org/news/?p=11855277","disqusUrl":"https://ww2.kqed.org/news/2021/01/14/immigration-court-fees-set-to-jump-dramatically-unless-judge-intervenes/","disqusTitle":"Immigration Court Fees Set to Jump Dramatically Unless Judge Intervenes","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/dc368838-fb67-41ec-810c-acaf011f8a3a/audio.mp3","path":"/news/11855277/immigration-court-fees-set-to-jump-dramatically-unless-judge-intervenes","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Unless a federal judge intervenes after a hearing Thursday, a new Trump administration rule will dramatically increase the court fees asylum seekers and other immigrants must pay to defend themselves from deportation.\u003c/p>\n\u003cp>Four nonprofit legal service providers, in California and elsewhere, sued last month to block the \u003ca href=\"https://www.federalregister.gov/documents/2020/12/18/2020-27506/executive-office-for-immigration-review-fee-review\">new rule\u003c/a> by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR), which houses immigration courts.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We have clients who struggle even to pay the bus fare that it would take to get to our offices to receive our services.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Cristina dos Santos, immigration rights attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The changes, scheduled to take effect the day before President-elect Joe Biden takes office, would triple the filing costs for some forms and motions in deportation — also known as “removal” — proceedings. Other types of forms could be even seven or eight times as expensive.\u003c/p>\n\u003cp>The fee for green card holders and other immigrants to apply to immigration courts for cancellation of removal, for example, would rise from $100 to $305 if the changes are implemented. But the biggest fee hike would be for appealing an immigration judge’s ruling, which would jump from $110 to $975.\u003c/p>\n\u003cp>If the fee hikes are adopted, low-income immigrants will be priced out of a fair day in court, said Cristina dos Santos, who directs the immigration program at Community Legal Services in East Palo Alto, one of the organizations that sued to block the new rule.\u003c/p>\n\u003cp>“We have clients who struggle even to pay the bus fare that it would take to get to our offices to receive our services,” said dos Santos. “We are really concerned about our clients not being able to meet the fee, and even worse, not being able to access the rights that are in our laws.”\u003c/p>\n\u003cp>The rule would also introduce a new $50 fee to apply for asylum in immigration court, according to the \u003ca href=\"https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/challenging_drastic_immigration_court_fee_increases_that_limit_access_to_justice.pdf\">complaint\u003c/a>.\u003c/p>\n\u003cp>Plaintiffs argue EOIR’s new rule is “arbitrary and capricious,” and fails to adequately consider the impacts on immigrants fighting deportation, particularly those who are indigent.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The agency defended the changes, saying it had not conducted a thorough review of its fees for more than 30 years, and that the new prices better reflect the actual costs of processing those applications.\u003c/p>\n\u003cp>EOIR Director James McHenry said the agency aims to save taxpayers nearly $45 million per year.\u003c/p>\n\u003cp>“The proposed fee increases are marginal in terms of inflation-adjusted dollars and would mitigate the significant taxpayer subsidization of these forms and motions,” said McHenry in a \u003ca href=\"https://www.justice.gov/eoir/pr/executive-office-immigration-review-proposes-rule-fees#:~:text=Increase%20the%20fee%20for%20Form%20EOIR%2D42B%20from%20%24100%20to,BIA%20from%20%24110%20to%20%24895.\">statement\u003c/a> when the agency first proposed the changes last year. “EOIR is long past due for a review of its fee-based filings, especially as its caseload and costs have increased substantially since 1986.”\u003c/p>\n\u003cp>But Robin Goldfaden, a San Francisco-based attorney with the National Immigration Law Center, who is representing plaintiffs, said EOIR does not need to increase the fees because its budget is primarily funded by Congress.\u003c/p>\n\u003cp>“This is not a fee-based agency. This is not a services agency where one comes forward and says, ‘I would like to apply for this benefit,’ ” said Goldfaden, noting that all individuals in immigration court are fighting removal proceedings that the federal government initiated.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“This is essentially a judicial body and it serves a public interest and it is funded with hundreds of millions of dollars of congressional appropriation,” she said.\u003c/p>\n\u003cp>Immigrants will still be able to apply for fee waivers under the new rule. But Goldfaden and other attorneys said seeking a waiver can be risky. In some cases a court's decision on whether to waive a fee comes too late — after the deadline to file the associated form has passed, she said.\u003c/p>\n\u003cp>There are no clear standards for who is eligible for a waiver, added dos Santos, and approvals can vary widely from court to court.\u003c/p>\n\u003cp>U.S. District Court Judge Amit P. Mehta will hear the case Thursday afternoon in Washington, D.C.\u003c/p>\n\u003cp>Last fall, a federal judge for the Northern District of California blocked another Trump rule that would have nearly doubled the fee to become a U.S. citizen and would have sharply increased the cost of other immigration benefits, such as work permits.\u003c/p>\n\u003cp>Immigration courts in California received more than 71,000 new deportation cases in fiscal year 2018, with an additional 73,000 cases pending, according to \u003ca href=\"https://www.justice.gov/eoir/file/1198896/download\">the most recent available EOIR figures\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11855277/immigration-court-fees-set-to-jump-dramatically-unless-judge-intervenes","authors":["8659"],"categories":["news_1169","news_8"],"tags":["news_4016","news_18123","news_20202","news_6883"],"featImg":"news_11855359","label":"news"},"news_11809081":{"type":"posts","id":"news_11809081","meta":{"index":"posts_1591205157","site":"news","id":"11809081","score":null,"sort":[1585310411000]},"guestAuthors":[],"slug":"san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic","title":"San Francisco DA Joins Calls to Release ICE Detainees During Pandemic","publishDate":1585310411,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>San Francisco District Attorney Chesa Boudin called on Gov. Gavin Newsom Thursday to use his executive authority to shut down federal immigration detention centers in California to protect public health during the coronavirus pandemic.\u003c/p>\n\u003cp>The call came amid a growing outcry by medical experts, immigrant advocates and a former director of U.S. Immigration and Customs Enforcement (ICE) over the potential danger of COVID-19 in ICE detention facilities. And it followed a lawsuit filed by 13 medically vulnerable detained immigrants in California, calling on ICE to release them.\u003c/p>\n\u003cp>Also Thursday, U.S. Sen. Dianne Feinstein released a \u003ca href=\"https://www.feinstein.senate.gov/public/_cache/files/0/9/0979f829-5357-4445-bb38-b98f47830583/280AF56FBFEB41A5FBAD5C414F21993E.2020.03.25-doj-immigration-courts.pdf\">letter\u003c/a> she sent to Attorney General William Barr, calling for the U.S. Department of Justice to suspend all immigration court hearings during the pandemic.\u003c/p>\n\u003cp>Boudin said San Francisco has safely reduced its jail population by 25 percent over the past three weeks. And he said releasing some of the 38,000 people currently detained by ICE nationwide should be easier because immigration custody is a form of civil, not criminal, detention.\u003c/p>\n\u003cp>“When someone dies in immigration detention, their blood will be on our hands,” he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Boudin said he believes Newsom could use an executive order to ban the use of private detention centers. Four ICE facilities in California are operated by private prison companies.\u003c/p>\n\u003cp>He also called on the governor to order state prisons to stop handing over inmates to ICE, adding that California prisons hold approximately 11,000 people who, under current policy, will be handed over to ICE after they have served their criminal sentences.\u003c/p>\n\u003cp>“That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic,” said Boudin.\u003c/p>\n\u003cp>Newsom’s press secretary Vicky Waters would not comment on whether the governor would consider such steps, but she said in a statement: “The federal government has exclusive authority over immigration law, but as we continue to grapple with the COVID-19 outbreak, we want everyone in the state to know that their health and welfare is our top priority.”\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Chesa Boudin, San Francisco District Attorney\"]'That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic.'[/pullquote]\u003c/p>\n\u003cp>Meanwhile, advocates in California and across the country voiced concern that an outbreak of COVID-19 inside any of the nation’s 138 ICE detention facilities could affect not just the immigrants and staff inside, but also the families and communities that ICE employees return to at the end of their shifts, and the hospitals where patients from ICE facilities would be taken for care.\u003c/p>\n\u003cp>As of Thursday evening, ICE \u003ca href=\"https://www.ice.gov/covid19\">reported\u003c/a> two confirmed cases of COVID-19 among people held in detention in Newark and Hackensack, New Jersey. Three employees at ICE detention facilities also had confirmed cases — in Elizabeth, New Jersey, Aurora, Colorado and Houston, Texas.\u003c/p>\n\u003cp>“Crowded detention facilities are ideal incubators for disease, threatening the health not just of the detained, but of surrounding communities,” said Sandro Galea, dean of the Boston University School of Public Health. “To safeguard public health, nonviolent detainees should be released and allowed to self-isolate.”\u003c/p>\n\u003cp>That proposal was echoed by John Sandweg, a former acting director of ICE who served under President Barack Obama.\u003c/p>\n\u003cp>“The design of these facilities requires inmates to remain in close contact with one another — the opposite of the social distancing now recommended for stopping the spread of the lethal coronavirus,” Sandweg wrote in a \u003ca href=\"https://www.theatlantic.com/ideas/archive/2020/03/release-ice-detainees/608536/\">column\u003c/a> in The Atlantic earlier this week.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"coronavirus\"]\u003c/p>\n\u003cp>“By releasing from custody the thousands of detainees who pose no threat to public safety and do not constitute an unmanageable flight risk, ICE can reduce the overcrowding of its detention centers, and thus make them safer,” he said.\u003c/p>\n\u003cp>Infectious diseases have surged through ICE detention centers in the past, including an outbreak of mumps last year that sickened more than 900 inmates and staff at 57 facilities, \u003ca href=\"https://www.businessinsider.com/mumps-sickens-hundreds-of-detained-migrants-in-19-states-2019-8\">according to the Associated Press\u003c/a>.\u003c/p>\n\u003cp>Detention Watch Network, an advocacy group for immigrants in ICE custody, called for the immediate release of all detained immigrants.\u003c/p>\n\u003cp>Fearing coronavirus infection, 13 detained immigrants in California \u003ca href=\"https://www.aclunc.org/sites/default/files/Demands_ICE_Release_Immigrants_2020.03.24.pdf\">filed suit\u003c/a> against ICE last week in federal district court in San Francisco. The detainees are held in Yuba County Jail, in Marysville, and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield operated by the GEO Group.\u003c/p>\n\u003cp>The plaintiffs called on ICE to release them because of their advanced age and underlying medical conditions — which they believe puts them at risk of death if they contract COVID-19. They said they are being held in crowded and unsanitary conditions where they are denied the ability to protect themselves.\u003c/p>\n\u003cp>One plaintiff, Sofia Bahena Ortuno, a 64-year-old farmworker and grandmother who said she suffers from hypothyroidism and diabetes, was released the same day the lawsuit was filed, according to her lawyers.\u003c/p>\n\u003cp>The lawsuit was filed by the American Civil Liberties Union, along with the Lawyers Committee for Civil Rights, the San Francisco Public Defender’s Office and Lakin & Wille, LLP. In recent days the ACLU has also brought suit on behalf of ICE detainees in Washington state, Massachusetts, Maryland and Pennsylvania.\u003c/p>\n\u003cp>ICE officials would not comment on the lawsuit or speak on the record about the fear among detainees and their advocates of COVID-19 outbreaks in detention. An ICE spokesman directed KQED to the \u003ca href=\"https://www.ice.gov/covid19\">agency's coronavirus webpage\u003c/a>.\u003c/p>\n\u003cp>The website states that “ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees.”\u003c/p>\n\u003cp>ICE has suspended visits by friends and family members and “is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus,” the website said.\u003c/p>\n\u003cp>[pullquote size='medium' align='left' citation=\"Sen. Dianne Feinstein\"]'Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically. The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.'[/pullquote]\u003c/p>\n\u003cp>Also on Thursday, lawyers representing children in immigration custody asked a federal judge in Los Angeles for an order requiring the government to release every child to a guardian within seven days or explain why it didn’t to a court-appointed monitor. The lawyers also asked the judge to require that children and families be held in “non-congregate” settings or else provide detained children and parents the ability to keep six feet of distance from others and to freely wash their hands with soap and water.\u003c/p>\n\u003cp>Meanwhile, Feinstein called on the U.S. Department of Justice and its Executive Office of Immigration Review (EOIR), to temporarily close the nation’s immigration courts for hearings.\u003c/p>\n\u003cp>“Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically,” wrote Feinstein. “The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.”\u003c/p>\n\u003cp>Her letter follows a similar call by the nation’s immigration judges, the ICE lawyers union and the American Immigration Lawyers Association.\u003c/p>\n\u003cp>Last week, the agency announced that it was suspending hearings through April 10 for people who are not in ICE detention. And on Monday, EOIR announced that hearings through April 23 would be postponed for asylum seekers forced to wait in Mexico under the U.S. government’s Migrant Protection Protocols.\u003c/p>\n\u003cp>On Thursday evening, the agency issued a statement saying EOIR’s current operations are in line with most other federal courts.\u003c/p>\n\u003cp>“Recognizing that cases of detained individuals may implicate unique constitutional concerns and raise particular issues of public safety, personal liberty, and due process, few federal courts have closed completely,” the statement said. “EOIR is similarly continuing to receive filings and to hold hearings for detained aliens while monitoring and minimizing risks presented by COVID-19.”\u003c/p>\n\u003cp>The agency said even though immigration courts are open, they are not conducting work that involves the presence of the general public. And EOIR is encouraging the use of video and telephone appearances at hearings and electronic filing or U.S. mail delivery of documents.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>On Thursday, 55 of the nation’s 69 immigration courts \u003ca href=\"https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic\">remained open\u003c/a> in this manner.\u003c/p>\n\n","blocks":[],"excerpt":"Medically vulnerable immigrants have sued ICE to be released, and Sen. Dianne Feinstein is calling on immigration courts to close during the coronavirus crisis.","status":"publish","parent":0,"modified":1585343025,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1434},"headData":{"title":"San Francisco DA Joins Calls to Release ICE Detainees During Pandemic | KQED","description":"Medically vulnerable immigrants have sued ICE to be released, and Sen. Dianne Feinstein is calling on immigration courts to close during the coronavirus crisis.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Francisco DA Joins Calls to Release ICE Detainees During Pandemic","datePublished":"2020-03-27T12:00:11.000Z","dateModified":"2020-03-27T21:03:45.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11809081 https://ww2.kqed.org/news/?p=11809081","disqusUrl":"https://ww2.kqed.org/news/2020/03/27/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic/","disqusTitle":"San Francisco DA Joins Calls to Release ICE Detainees During Pandemic","path":"/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco District Attorney Chesa Boudin called on Gov. Gavin Newsom Thursday to use his executive authority to shut down federal immigration detention centers in California to protect public health during the coronavirus pandemic.\u003c/p>\n\u003cp>The call came amid a growing outcry by medical experts, immigrant advocates and a former director of U.S. Immigration and Customs Enforcement (ICE) over the potential danger of COVID-19 in ICE detention facilities. And it followed a lawsuit filed by 13 medically vulnerable detained immigrants in California, calling on ICE to release them.\u003c/p>\n\u003cp>Also Thursday, U.S. Sen. Dianne Feinstein released a \u003ca href=\"https://www.feinstein.senate.gov/public/_cache/files/0/9/0979f829-5357-4445-bb38-b98f47830583/280AF56FBFEB41A5FBAD5C414F21993E.2020.03.25-doj-immigration-courts.pdf\">letter\u003c/a> she sent to Attorney General William Barr, calling for the U.S. Department of Justice to suspend all immigration court hearings during the pandemic.\u003c/p>\n\u003cp>Boudin said San Francisco has safely reduced its jail population by 25 percent over the past three weeks. And he said releasing some of the 38,000 people currently detained by ICE nationwide should be easier because immigration custody is a form of civil, not criminal, detention.\u003c/p>\n\u003cp>“When someone dies in immigration detention, their blood will be on our hands,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Boudin said he believes Newsom could use an executive order to ban the use of private detention centers. Four ICE facilities in California are operated by private prison companies.\u003c/p>\n\u003cp>He also called on the governor to order state prisons to stop handing over inmates to ICE, adding that California prisons hold approximately 11,000 people who, under current policy, will be handed over to ICE after they have served their criminal sentences.\u003c/p>\n\u003cp>“That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic,” said Boudin.\u003c/p>\n\u003cp>Newsom’s press secretary Vicky Waters would not comment on whether the governor would consider such steps, but she said in a statement: “The federal government has exclusive authority over immigration law, but as we continue to grapple with the COVID-19 outbreak, we want everyone in the state to know that their health and welfare is our top priority.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'That’s a huge pipeline of people whose lives are being jeopardized during the coronavirus pandemic.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Chesa Boudin, San Francisco District Attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meanwhile, advocates in California and across the country voiced concern that an outbreak of COVID-19 inside any of the nation’s 138 ICE detention facilities could affect not just the immigrants and staff inside, but also the families and communities that ICE employees return to at the end of their shifts, and the hospitals where patients from ICE facilities would be taken for care.\u003c/p>\n\u003cp>As of Thursday evening, ICE \u003ca href=\"https://www.ice.gov/covid19\">reported\u003c/a> two confirmed cases of COVID-19 among people held in detention in Newark and Hackensack, New Jersey. Three employees at ICE detention facilities also had confirmed cases — in Elizabeth, New Jersey, Aurora, Colorado and Houston, Texas.\u003c/p>\n\u003cp>“Crowded detention facilities are ideal incubators for disease, threatening the health not just of the detained, but of surrounding communities,” said Sandro Galea, dean of the Boston University School of Public Health. “To safeguard public health, nonviolent detainees should be released and allowed to self-isolate.”\u003c/p>\n\u003cp>That proposal was echoed by John Sandweg, a former acting director of ICE who served under President Barack Obama.\u003c/p>\n\u003cp>“The design of these facilities requires inmates to remain in close contact with one another — the opposite of the social distancing now recommended for stopping the spread of the lethal coronavirus,” Sandweg wrote in a \u003ca href=\"https://www.theatlantic.com/ideas/archive/2020/03/release-ice-detainees/608536/\">column\u003c/a> in The Atlantic earlier this week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"coronavirus"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“By releasing from custody the thousands of detainees who pose no threat to public safety and do not constitute an unmanageable flight risk, ICE can reduce the overcrowding of its detention centers, and thus make them safer,” he said.\u003c/p>\n\u003cp>Infectious diseases have surged through ICE detention centers in the past, including an outbreak of mumps last year that sickened more than 900 inmates and staff at 57 facilities, \u003ca href=\"https://www.businessinsider.com/mumps-sickens-hundreds-of-detained-migrants-in-19-states-2019-8\">according to the Associated Press\u003c/a>.\u003c/p>\n\u003cp>Detention Watch Network, an advocacy group for immigrants in ICE custody, called for the immediate release of all detained immigrants.\u003c/p>\n\u003cp>Fearing coronavirus infection, 13 detained immigrants in California \u003ca href=\"https://www.aclunc.org/sites/default/files/Demands_ICE_Release_Immigrants_2020.03.24.pdf\">filed suit\u003c/a> against ICE last week in federal district court in San Francisco. The detainees are held in Yuba County Jail, in Marysville, and the Mesa Verde ICE Processing Facility, a private prison in Bakersfield operated by the GEO Group.\u003c/p>\n\u003cp>The plaintiffs called on ICE to release them because of their advanced age and underlying medical conditions — which they believe puts them at risk of death if they contract COVID-19. They said they are being held in crowded and unsanitary conditions where they are denied the ability to protect themselves.\u003c/p>\n\u003cp>One plaintiff, Sofia Bahena Ortuno, a 64-year-old farmworker and grandmother who said she suffers from hypothyroidism and diabetes, was released the same day the lawsuit was filed, according to her lawyers.\u003c/p>\n\u003cp>The lawsuit was filed by the American Civil Liberties Union, along with the Lawyers Committee for Civil Rights, the San Francisco Public Defender’s Office and Lakin & Wille, LLP. In recent days the ACLU has also brought suit on behalf of ICE detainees in Washington state, Massachusetts, Maryland and Pennsylvania.\u003c/p>\n\u003cp>ICE officials would not comment on the lawsuit or speak on the record about the fear among detainees and their advocates of COVID-19 outbreaks in detention. An ICE spokesman directed KQED to the \u003ca href=\"https://www.ice.gov/covid19\">agency's coronavirus webpage\u003c/a>.\u003c/p>\n\u003cp>The website states that “ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees.”\u003c/p>\n\u003cp>ICE has suspended visits by friends and family members and “is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus,” the website said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically. The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"left","citation":"Sen. Dianne Feinstein","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Also on Thursday, lawyers representing children in immigration custody asked a federal judge in Los Angeles for an order requiring the government to release every child to a guardian within seven days or explain why it didn’t to a court-appointed monitor. The lawyers also asked the judge to require that children and families be held in “non-congregate” settings or else provide detained children and parents the ability to keep six feet of distance from others and to freely wash their hands with soap and water.\u003c/p>\n\u003cp>Meanwhile, Feinstein called on the U.S. Department of Justice and its Executive Office of Immigration Review (EOIR), to temporarily close the nation’s immigration courts for hearings.\u003c/p>\n\u003cp>“Critical matters, such as bond hearings for adult detainees and emergency hearings for children, should be handled telephonically,” wrote Feinstein. “The benefit of reducing the risk to public health outweighs pressing forward with non-critical matters during this pandemic.”\u003c/p>\n\u003cp>Her letter follows a similar call by the nation’s immigration judges, the ICE lawyers union and the American Immigration Lawyers Association.\u003c/p>\n\u003cp>Last week, the agency announced that it was suspending hearings through April 10 for people who are not in ICE detention. And on Monday, EOIR announced that hearings through April 23 would be postponed for asylum seekers forced to wait in Mexico under the U.S. government’s Migrant Protection Protocols.\u003c/p>\n\u003cp>On Thursday evening, the agency issued a statement saying EOIR’s current operations are in line with most other federal courts.\u003c/p>\n\u003cp>“Recognizing that cases of detained individuals may implicate unique constitutional concerns and raise particular issues of public safety, personal liberty, and due process, few federal courts have closed completely,” the statement said. “EOIR is similarly continuing to receive filings and to hold hearings for detained aliens while monitoring and minimizing risks presented by COVID-19.”\u003c/p>\n\u003cp>The agency said even though immigration courts are open, they are not conducting work that involves the presence of the general public. And EOIR is encouraging the use of video and telephone appearances at hearings and electronic filing or U.S. mail delivery of documents.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Thursday, 55 of the nation’s 69 immigration courts \u003ca href=\"https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic\">remained open\u003c/a> in this manner.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic","authors":["259"],"programs":["news_72"],"categories":["news_457","news_1169","news_6188","news_8"],"tags":["news_350","news_24162","news_27350","news_27504","news_274","news_16","news_6884","news_20202","news_6883","news_24941"],"featImg":"news_11729066","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. 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You ask the questions. You decide what Bay Curious investigates. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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