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Attorneys And Government Workers Call For Shutting Down Immigration Courts
By
Beth Fertig
Published Mar 17, 2020
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By
Beth Fertig
Published Mar 17, 2020
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As courts throughout New York and other states wound down most of their hearings to slow the spread of COVID-19, the nation’s immigration courts are still open for business—and those who work in these courtrooms say that’s a mistake.
A March 15th letter signed by unions representing immigration judges, government prosecutors from Immigration and Customs Enforcement, and immigration lawyers, asked the Department of Justice—which runs the courts—to close them due to the coronavirus disease:
“Closing the Immigration Courts for the recommended limited period—two to four weeks—will give the public health officials an opportunity to test and gain valuable information about who can transmit the COVID-19 virus and to reassess how best to ensure a safe environment for Immigration Court hearings. Failing to take this action now will exacerbate a once in a century public health crisis.”
The letter noted a shutdown “will impose significant hardship” for immigrants forced to wait in Mexico and those in detention. But the unions said, “these are extraordinary times.”
Listen to Beth Fertig's report on WNYC:
The Department of Justice agency that runs the court did not reply to a request for comment. It posted the status of the courts on its website.
New York City has the nation’s single busiest immigration court, located at Federal Plaza. Late last week, the Justice Department announced the Seattle immigration court would close and that courts in New York, Newark, Boston and a few other cities would postpone master calendar hearings. These are like criminal court arraignments, with dozens of immigrants and their children waiting hours in cramped courtrooms and hallways to spend a few minutes before a judge.
On Sunday, the DOJ canceled master calendar hearings in all immigration courts, except for immigrants held in detention, who can have their hearings by video. But individual hearings, or trials, continue as scheduled. This means immigrants and their lawyers still have to enter big government buildings, passing through metal detectors and riding elevators.
Camille Mackler, an attorney with the New York Immigration Coalition and a fellow with the Truman National Security Project, said that’s still too dangerous, given the new coronavirus has a mortality rate ten times that of the flu.
“A lot of individuals coming through the courts might be at risk because they’re immune compromised, or because they’re elderly or other issues,” she said.
Craig Relles, an attorney based in Westchester, said he filed motions Monday in New York City to postpone hearings for a few of his clients. One is a Guatemalan family with two children who would have to travel by mass transit.
“People are afraid,” he said. “It’s kind of like a rock and a hard place. If they don’t appear they can be deported; if they do they’re afraid for their health.”
Long Island attorney Bryan Johnson said clients were afraid to come to his office. “Everyone in the government and all health authorities are saying don’t go to public gatherings,” he said. “It’s a deadly pandemic.”
Postponing cases has a downside. New York’s immigration court is so backlogged already that new cases are being scheduled for 2023 and beyond. Some immigrants have been waiting years for asylum hearings that, if successful, could enable them to bring loved ones to the U.S. But attorney Jan Brown said those with weak cases may benefit if they’re punted until there’s a new president whose immigration policies aren’t as restrictive. “Nothing happening is sometimes the best thing,” he explained.
The unions’ letter suggested they’d be willing to conduct bond hearings by video. This technology is already widely used with immigrants in detention, though it’s drawn criticism for being much less personal and for having technical problems.
Meanwhile, the Trump administration continues to send mixed messages when it comes to immigrants and the coronavirus disease. As court cases proceed, Immigration and Customs Enforcement announced immigrants who are supposed to appear for check-in at its New York offices will have their appointments postponed until April 14th. An ICE spokesperson in New york confirmed the information in the tweet.
Beth Fertig is a senior reporter covering immigration, courts, and legal affairs at WNYC. You can follow her on Twitter at @bethfertig.
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