fTHE CANADIAN PRESS/Sean Kilpatrick

‘Catch-up for years’ as backlogged U.S. immigration courts open

The U.S. government shut down is causing backlog at the nation’s immigration courts

The nation’s immigration courts were severely backlogged even before the government shutdown. Now it could take years just to deal with the delays caused by the five-week impasse, attorneys say.

With the shutdown finally over, the courts reopened Monday morning to immigrants seeking asylum or otherwise trying to stave off deportation, and hearings were held for the first time since late December. Court clerks scrambled to deal with boxes and boxes of legal filings that arrived after the doors opened.

Over 86,000 immigration court hearings were cancelled during the standoff, the biggest number in California, followed by Texas and New York, according to an estimate from the Transactional Records Access Clearinghouse at Syracuse University. It estimates the courts have more than 800,000 pending cases overall.

The shutdown over President Donald Trump’s demand for funding for a border wall to keep out migrants has only added to the delays in the system, where cases can already take years to be resolved, said Jennifer Williams, deputy attorney in charge of the immigration law unit at Legal Aid in New York City.

“They’re going to be playing catch-up for years,” she said.

The shutdown did not affect hearings for immigrants being held in immigration detention. It also had no bearing on applications for green cards and U.S. citizenship, which are handled by U.S. Citizenship and Immigration Services and are funded by filing fees.

The cancellations were bad news for the many asylum applicants who have been waiting years to win approval so that they can bring loved ones to this country. It could be years before they are given new court dates, immigration attorneys said.

But for those with weak asylum cases, the cancelled hearings could be a good thing, enabling them to keep on living in the U.S. and fend off deportation for now.

A spokeswoman for the Executive Office for Immigration Review, the part of the Justice Department that oversees the immigration courts, could not immediately say how many hearings were delayed or when they would be rescheduled.

READ MORE: Shutdown projected to cause $3B permanent hit to U.S. economy

Judge Ashley Tabaddor, president of the National Association of Immigration Judges, said: “What is clear is that the cases that were set for trial during shutdown will likely ultimately end up at the end of the line when a new date is picked.”

Getting back to work didn’t come without problems in courts around the country.

In San Antonio, a long-scheduled asylum hearing for a teenager from El Salvador was cancelled because no Spanish-language interpreter was available, said Guillermo Hernandez, the teen’s attorney. The hearing was rescheduled for late April.

“It’s a little bit frustrating because we’re trying to bring these cases to a resolution and move forward, and now we have to fight another day,” Hernandez said.

At an immigration court in San Francisco, attorneys and paralegals carrying large bags, small suitcases or boxes stacked on a dolly waited in line to file documents that in some cases had piled up during the shutdown.

Attorney Sara Izadpanah said six of her clients missed court hearings because of the shutdown and she missed several deadlines to file court documents.

“What happened is pretty serious for a lot of our clients because it could be two or three years before they can get a new court hearing, and by then immigrations law could change,” Izadphana said.

READ MORE: Workers to get paid ‘in the coming days’

Judge Ila C. Deiss walked into the San Francisco courtroom, where about 15 people waited, and announced that there was no Spanish interpreter present but that a bilingual clerk would be able to help if needed.

One of the cases on the docket was that of a Nepalese woman seeking asylum. The judge set the woman’s final hearing for July 2.

The woman’s attorney, Gopal Shah, said they had to scramble to be in court Monday.

“We were not sure a hearing was going to happen today, but we showed up anyway,” Shah said. “She was lucky her case was heard and a court hearing was set for July because judges already have full calendars.”

Deepti Hajela And Olga R. Rodriguez, The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

Three vehicle ‘sandwich’ crash delays traffic in Rutland

An accident at the McCurdy and Mayfair Road intersection was reported just before 4:30 p.m.

A BBQ thank you at Kelowna’s Gospel Mission

The ninth annual Well Done BBQ brought Kelowna together

Two West Kelowna residents were arrested for alleged drug trafficking

RCMP executed a search warrant at a Chieftain Road home

Two Kelowna sites rezoned for pot shops

Cannabis retailers closer to reality for Lawrence Avenue, St. Paul Street

Vernon senior feels trapped in long-term care facility

Rose-Marie Lepodvin says she wants assisted living, but feels trapped in long-term care

VIDEO: ‘Avengers: Endgame’ to be re-released with new footage

‘Avatar’ holds global box office record at $2.788 billion, while ‘Endgame’ stands at $2.743 billion…

B.C. teen killed by falling tree near Victoria

Second youth also injured in freak incident during field trip at Camp Barnard near Sooke

South Okanagan mountain resort sees lengthy snowfall

Snow stayed on the ground for four, says resort manager

Elias Pettersson wins Calder Trophy as NHL’s top rookie

Vancouver forward first Canuck to win award since Pavel Bure in 1992

FVRD chair calls B.C. incineration plan for Philippines waste ‘disturbing’

Metro Vancouver ‘uniquely capable’ of safely disposing of waste coming back to Canada, say officials

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Shovels could be in the ground on Trans Mountain by September, CEO says

Ian Anderson points to weeks likely required for NEB to reinstate 2016 regulatory record

Interior forestry workers ratify five-year contract

It was approved by United Steelworkers Local 1-417, which represents workers in Kamloops, Kelowna

Scorpion gives birth after hitching ride in B.C. woman’s luggage

A Vancouver woman inadvertently brought the animal home from a trip to Cuba

Most Read