But between arrest and possible repatriation, those swept up will have court dates. Right now, that can take time.
That’s because there are only 300 immigration judges in the country, and pending cases are at a record high. On average, each judge has a backlog of about 1,800 cases to hear. That leads to lengthy delays, said Deep Gulasekaram, who teaches constitutional and immigration law at Santa Clara University.
“It’s early 2017 now; it’s not unusual to see court dates for people that are in 2020, late 2020,” he said. “So we’re thinking three years hence for when you actually get your case heard.”
That delay impacts the way the immigration courts are perceived inside and outside of government, said Dana Leigh Marks, president of the National Association of Immigration Judges.
“The immigration courts are the legal Cinderellas — we often are forgotten when immigration enforcement is discussed,” said Marks. “If we are not given the resources necessary to adjudicate these cases fairly and in a timely fashion, then the removal process will break down.”
The Department of Homeland Security acknowledges the current pressures on immigration courts. In issuing the new guidelines, the agency said the “unacceptable delay” in courts allows unauthorized immigrants to remain in the country for years.