Immigration Judges Are Burned Out, Overworked, and Feel Political Pressure

In the U.S., there is still a backlog of 1.3 million asylum cases. Recently, the Biden Administration – specifically Vice President Kamala Harris, has been criticized for advising migrants not to come. Now that most of Trump’s immigration policies have been reformed or replaced, the system is getting overwhelmed again.

At our law offices of immigration in Los Angeles, we understand that each case is different. Asylum seekers hope to be issued protection to escape persecution in their country of origin. With the system itself reaching a “breaking point,” the process might drastically change overall.

According to NBC News, there are 500 immigration judges across the country. In other words, there are less than 1000 appointed persons that decide who gets to remain in the U.S. or gets deported. Judge Dana Leigh Marks, Judge Amiena Khan, among others, shared their insight. They hope the following concerns addressed below will get corrected:

• Immigration Judges need a bigger team of support staff.
• They need the rate of cases to slow down – many are feeling political pressure from the Department of Justice.
• Consideration for applicants – under Trump’s administration, asylum seekers expressed facing death if they got removed from the U.S.

Unlike federal judges, those who work solely for immigration are considered “appointed employees.” A union was in place to offer protection for overworked staff until former President Trump signed a policy to decertify it.

Khan, the president of the National Association of Immigration Judges, issued a statement. “We are in the legal fight for our life to ensure that our decisional independence is valued and maintained,” Khan said to an NBC reporter, and “that we as judges [can] do our jobs.”

Marks also weighed in, stating, “We should not be used as a tool of law enforcement,” she told NBC News. “That is not how Congress envisioned the immigration courts should play a role in the immigration system.”

What Does This Mean for Immigrants?

Given the burnout and backlog, it may be weeks, months, or years before you hear back about your case. If you have not already, work with an immigration attorney to increase your chances of obtaining a visa, especially asylee applicants.

Right now, Biden has increased the budget for immigration judges – calling for 100 new candidates to come in and pick up where the cases have stalled. With the union in jeopardy, it is unclear whether others will sign up when retired judges are still fighting for judicial independence.

Right now, the reality is that children are getting turned away from help, and cases are getting dismissed. More migrants are attempting to enter the U.S. by the southern border. Last month Customs and Border Protection gathered nearly 200,000 migrants, which had doubled over the past 20 years.

If your application got stalled and you need a status update, give us a call at Grey Law. We can help you navigate through the system!