Delays in New York Immigration Court
The influx of migrants arriving on buses in New York has placed an overwhelming strain on the immigration court system. There was already a backlog of cases, and the newly arriving migrants have added to it. The results have included long lines around the immigration courthouse in Manhattan that form each day before dawn, notices of appearance mailed to wrong addresses, and people facing the potential of being deported in absentia when they don’t make their hearings because of not receiving notice. The immigration lawyers at Pozo Goldstein help people with the asylum process.
The Immigration Backlog and Strain of the Influx
More than 21,000 migrants have arrived in New York City since the spring, and many of them have been sent on buses from Texas and Arizona. There was already a substantial backlog of cases in the New York immigration court, and the current backlog brings the potential for serious consequences for migrants, including missing deadlines and the potential for removal and deportation orders issued in absentia.
Recently, a federal judge lifted Title 42, which means that the Trump-era policy forcing asylum-seekers to remain in Mexico will no longer apply. This means that even more people could be headed to New York.
More than 120,000 immigration cases are pending in New York City, and almost two million are pending across the U.S. The system is already strained, and the increasing numbers of migrants arriving in the city are adding additional strain.
Hearing Notices Sent to Wrong Addresses
One problem that many asylum-seekers have faced is that the immigration court system has sent many hearing notices to the wrong addresses. This can lead to people missing hearings and receiving deportation orders in absentia. In some cases, deportation orders are issued while people are waiting to receive help outside of the courthouse.
Missed Deadlines and Lack of Help
Some migrants also have their court hearings and check-ins with Immigration and Customs Enforcement (ICE) scheduled out for 2024. This is a problem since people need to attend these to apply for asylum, and there is a deadline for applying for asylum of one year after entry into the U.S.
Asylum-seekers looking for pro bono help from attorneys and immigrant advocacy organizations are also encountering obstacles. Many pro bono lawyers and immigrant advocacy organizations are overwhelmed and unable to take on more cases. Unfortunately, many have had to turn people away, leaving them to try to navigate the complex system without help.
Attempts to Stop Some Problems
The Department of Homeland Security was notified about the courts sending letters to the wrong addresses and said it will take steps to address the problem. However, nothing has happened yet. ICE said that it is attempting to address processing delays at some of its local offices and stated that people should try to make appointments using the agency’s appointment scheduler. In New York, the ICE office posted QR codes on signs outside of the immigration courthouse in Manhattan. People can scan the QR code to find information about how to email the office to schedule an appointment. Those who use the QR codes won’t be counted absent for ICE appointments, and their appointments will be rescheduled.
More funding is needed to resolve many of these issues. The federal, state, and local governments must do more to fund legal services for immigrants and educate people about the processes involved. However, whether that funding might be forthcoming remains unclear. Currently, a bill pending in the New York Legislature would provide $300 million to fund legal help to migrants in immigration court. If it passes, New York would be the first state to provide attorneys to migrants with immigration court matters.
Get Help From an Experienced New York Immigration Attorney
Asylum-seekers who need help with their immigration cases should reach out to the experienced attorneys at Pozo Goldstein. Our experienced New York immigration attorneys can help you navigate through the process. Call us today to request an appointment at (212) 201-9031.
