ORLANDO, Fla. — The U.S. Immigration Court backlog is reaching all-time highs, causing headaches for lawyers, judges, and undocumented immigrants waiting to learn their future.
Here’s what you should know about the backlog and its implications:
1. BACKLOG: The U.S. Immigration Court backlog exceeded one million according to Syracuse University’s Transactional Records Access Clearinghouse (TRAC), which tracks the immigration court backlog.
2. INCREASE IN CASES: In 2015, the amount of pending immigration court cases was less than 500,000, and four years later it’s more than 1 million across the country.
3. FLORIDA: Florida has the fourth highest number of pending immigration court cases across the country, with more than 82,000.
4. ORLANDO & MIAMI: Orlando has the second highest number of pending cases in the Sunshine State, with more than 26,000. Miami is number one with more than 54,000.
5. PROCESS: Gail Seeram, a 20-year immigration lawyer, said it can take up to six years for an undocumented immigrant to appear for their master hearing (first-court hearing), and another three to six years to appear for their Individual hearing, where they make their case to stay in the country.
6. REASON BEHIND INCREASE: Seeram said a big reason for the increase in the backlog is the Trump administration eliminating the “prosecutional discretion” policy under the Obama administration.
The policy allows judges to not pursue an expedition case depending on the circumstances and good behavior of the individual.
Seeram said it helped to not clog up the backlog, because judges could only focus on cases that involved undocumented immigrants who committed crimes and not spend time on those who overstayed their Visa.