US puts more pressure on undocumented immigrants facing deportation

Young man whose father was deported celebrates Biden's victory 4:00

(CNN) -

The Justice Department is requiring some immigrants facing deportation to submit an application to remain in the United States within weeks.

This is a very unusual measure that puts them at a disadvantage and at greater risk of expulsion.

Immigrants fighting deportation generally have the opportunity to present their case in court, where they can ask a judge to allow them to stay in the United States arguing that they qualify for asylum or another legal option.

This year, when the coronavirus pandemic gripped the United States, the immigration court system, which is operated by the Department of Justice, partially shut down.

This caused the postponement of the hearings and fed the growing delay that the system is already facing.

As of August 2020, the current backlog of active court cases increased to about 1.2 million, up 11% from the beginning of March, according to the Transactional Records Access Clearinghouse at Syracuse University.

This entity that tracks data from immigration courts.

But lately, despite the challenges posed by the pandemic, immigration attorneys have started to see a series of orders requesting that their clients file applications for relief from deportation within five to six weeks.

If they don't meet the deadline, a judge could issue a deportation order, which means they will be subject to deportation at any time.

• ICE plans to find and deport undocumented immigrants who did not voluntarily leave the United States

Pandemic hits families separated by ICE raids 3:04

The requirements to stop the deportation of the undocumented are "disturbing"

Victoria Neilson, managing attorney for the Catholic Legal Immigration Network, called the orders "disturbing" and "politically motivated."

advertising

“The expected result appears to be to increase the deportation even of people who have every intention of filing an application in immigration court.

For some people, their next court date is but many months or a year from now, "he said.

Over the course of Donald Trump's presidency, the administration has overhauled America's immigration system.

It has made an already complicated process more difficult to navigate and succeed.

And in the final weeks of Trump's time in office, his administration has continued to change policy, including publishing regulations that tighten asylum and increase asylum agreements with Central American countries.

The latest move by the Justice Department's Executive Office for Immigration Review has left lawyers in a bind, particularly those representing migrant children.

"These unexpected orders leave vulnerable children and their attorneys without enough time to take the necessary steps to prepare and file, to optimally prepare and present requests for assistance," said Jason Boyd, Policy Director for Kids in Need of Defense, which provides legal services to migrant children.

"In that sense, these orders go against fundamental justice."

Undocumented children also face challenges in avoiding deportation

Children have usually been given more time to prepare.

"Due to mail delays and other factors, many of these children have been left with approximately three weeks to submit applications with potential life and death consequences," Boyd said.

The Justice Department has not responded to a request for comment.

In one case, a scheduling order for a child who arrived in the United States unaccompanied signed Oct. 29 says an application must be received by Dec. 1, according to a copy shared with CNN.

"A request for redress expired in a calendar hearing that was postponed due to covid-19," the order says.

"The Court hereby issues a new deadline for the defendant to file each and every request for relief."

If not sent by the deadline, the order explains, it could result in a deportation order.

Generally, application deadlines - which can take time to prepare and work their way through the system - are set during court hearings.

Meeting the deadline could also reduce the options a person is eligible for, as not all forms are granted by the immigration court.

Some also go through U.S. Citizenship and Immigration Services, which can take longer to process an application.

In some cases, requests arrive months before a person's next court hearing.

“In all cases, there are some difficulties to ensure that we are doing the best, although we do not believe that this is correct.

We still have to meet a judge's deadline, ”Claire Doutre, managing attorney for Kids in Houston in need of defense, told CNN.

• There is a delay in the delivery of 'green cards' due to budget problems at the US immigration agency.

An undocumented worker's day during the 3:26 pandemic

Supervisory judges review cases

The lawyers also told CNN that the orders that have been received so far have been signed by supervising judges, not judges assigned to the case.

The latter would be more attentive to the details of an individual's situation and usually decide how much time is given to a person.

“The judges are discovering that the cases have been dropped behind their backs and orders have been issued.

And it's not clear what will happen next, ”said Judge Ashley Tabaddor, president of the National Association of Immigration Judges.

There is nothing unreasonable in revisiting them and considering what would be appropriate.

The problem is that the agency is doing it in a unique way for everyone.

It is a direct interference, "he added.

Initially, migrant children in government custody attended deportation hearings despite the pandemic, sometimes leaving children to face proceedings without a lawyer physically present with them.