US immigration judges are being urged to sharply limit the time they give immigrants awaiting visas, Green Cards or other immigration benefits, a move that could leave some people facing deportation before their applications are resolved.
The guidance emerged from mandatory training for immigration judges as the Trump administration pushes to accelerate deportations and reduce a huge backlog of cases in the US immigration court system.
According to a report by The Guardian, which reviewed materials from the training, stated that judges were encouraged to restrict “continuances” postponements that can give immigrants time to find lawyers, prepare their cases or wait for decisions from other immigration agencies.
Why are immigration judges being urged to cut delays?
The push is aimed at moving cases through immigration courts more quickly. The Guardian reported that the training, attended by hundreds of judges, focused on limiting continuances and completing cases faster. The immigration court system has roughly 3.2 million pending cases, according to the report.
{{/usCountry}}The push is aimed at moving cases through immigration courts more quickly. The Guardian reported that the training, attended by hundreds of judges, focused on limiting continuances and completing cases faster. The immigration court system has roughly 3.2 million pending cases, according to the report.
{{/usCountry}}The Justice Department has defended the approach, saying reducing the backlog is a major priority and that cases should be handled “fairly, expeditiously, and uniformly” under the law. EOIR, which oversees the immigration courts, has similarly argued that unnecessary delays hurt both immigrants with valid claims and efforts to remove those without a legal basis to remain.
Could Green Card and visa applicants be deported while waiting?
That is one of the biggest concerns raised by the new approach.
The Guardian reported that the training addressed situations in which immigrants are waiting for visas or Green Cards and specifically highlighted vulnerable groups, including abused or abandoned children and survivors of violent crime.
In some cases, an applicant may have an approved petition but still be waiting for a visa to become available because of annual quotas or processing delays.
The training materials reportedly indicated that such waits should not automatically lead to a continuance. That could create a difficult race against time for immigrants whose ability to remain legally in the US depends on another agency completing its process.
Why is the 10-day lawyer window causing concern?
The guidance also raised concerns about how much time immigrants should receive to obtain legal representation.
According to The Guardian, judges appeared to be discouraged from giving people more than 10 days to find an attorney before their cases proceed.
The 10-day figure has a specific legal basis, but it does not mean every immigration case must be completed within 10 days. EOIR's current guidance says at least 10 days must generally elapse between service of a Notice to Appear and an initial master calendar hearing, unless that period is waived.
A recent Board of Immigration Appeals ruling, Matter of A-K-R-, also held that an immigration judge properly denied a further continuance to seek counsel when the respondent failed to establish good cause. The decision said the statutory protection requires at least 10 days before the initial hearing, rather than guaranteeing repeated extensions to obtain a lawyer.