Alarming number of backlog of immigration cases

According to official figures from the Transactional Records Access Clearinghouse (TRAC), fiscal year 2021 (FY- October 2020, September 2021) began with the largest immigration court backlog in the history of the US.

In October 2020, the first month of FY 2021, the number of pending immigration cases in local courts was 1,273,885, an unprecedented number in the country’s history. It is important to clarify that 72% of the cases are from Mexico, Honduras, El Salvador and Guatemala.

Analyzing the issue at hand, we can deduce that delays in immigration cases are mainly due to:

1. The health crisis caused by the global Coronavirus pandemic

Offices of the US Citizenship and Immigration Services (USCIS) and immigration courts were closed to the public for a considerable period of time, delaying immigration processes.

Adding to that, the travel ban implemented by the Trump administration also delayed immigration cases that were pending even before the health emergency.

2. Immigration policies of the Trump administration

It is no secret that President Donald Trump has always tried to reduce immigration at all costs, both legal and illegal. Therefore, during the last four years, his government has implemented more than 400 changes to the local immigration system, substantially modifying established processes and increasing restrictions and requirements for foreigners to come to the US, which has undoubtedly contributed to the backlog of immigration cases.

3. Detention operations

In order to curb illegal immigration, the Trump administration has used every tool at its disposal, including federal entities and border forces such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

For instance, ICE conducts extensive investigations to locate and detain undocumented immigrants, who managed to cross borders without legal documentation and are currently residing in the US.

ICE operations have increased substantially under the Trump administration, which supports the mass detention and deportation of undocumented immigrants.

Removal or deportation proceedings are also part of pending immigration cases, and since ICE has increased the detention of undocumented foreigners, immigration courts are unable to meet current demand and cases are piling up disproportionately.

4. “Remain in Mexico”

President Trump, with the support of the Mexican government, implemented in 2019 the Migrant Protection Protocol (MPP), also known as “Remain in Mexico.”

This policy states that asylum seekers must remain in Mexico while receiving responses to their immigration cases, which has also made the process more difficult and increased the backlog of applications.

Biden government must face backlog of immigration cases

President-elect Joe Biden, who belongs to the Democratic political party, plans to transform the local immigration system, easing or lifting restrictions of the Trump administration, which could decrease the backlog of immigration cases.

However, this is a process that will take a considerable amount of time due to current figures of immigration court backlog.

Do you need help with an immigration case?

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.