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Beverly Hills, California, United States
Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, January 23, 2024

Immigration courts clearing cases at 50% higher rate amid backlog

(CN) — Immigration judges completed double the amount of cases during the first quarter of 2024 compared to the same period a year ago, according to data collected by the Transactional Records Access Clearinghouse. The data gathering and research organization from Syracuse University found that almost 200,000 cases were completed between October and December 2023, compared to the 132,000 cases completed during the same time the year prior. The increase in completions is crucial as immigration courts have faced a backlog that has grown by a million cases over the past year. At the end of December 2023, 3,287,058 active cases were pending before the immigration courts. While the hiring of new immigration judges accelerated during the first three years of the Biden administration, judges have still been swamped trying to keep up with the flow of incoming cases. Each of the 682 judges now on the bench face an average of 4,500 cases per judge. According to Transactional Records, the amount of people with pending immigration cases is larger than the population of Chicago — the third largest city in the United States. This is because the number of inadmissible immigrants arriving at ports of entry either along the border or at an international airport has increased substantially in recent years, as has the percentage of those that have been allowed into the country under the parole authority. When a border agent decides that someone is not admissible, it does not necessarily mean that a person has a criminal background or is a public safety risk, rather it often means that the individual simply does not have a current visa or other required documents. However, even if a border agent finds that a person is inadmissible, there are provisions in the law that may allow that person to physically enter the country, such as parole, where the government permits noncitizens to enter the country lawfully on a temporary basis to potentially receive work authorization. The most common ports of entry for inadmissible immigrants have also changed over time and are not necessarily located along the U.S.-Mexico border, contrary to popular belief. For instance, during the fiscal year of 2023, Office of Field Operations officials at U.S. ports of entry recorded the most inadmissible immigrants —94,852 — at Miami International Airport, Florida, followed by 78,781 at San Ysidro, California and 75,230 at Brownsville, Texas. According to the data collected for the first quarter of 2024, immigration judges have issued around 64,000 deportation orders. According to court records, only 0.25% of these new cases sought deportation orders based on any alleged criminal activity of the immigrant, apart from possible illegal entry. Immigrants from Honduras topped the list of nationalities with the largest number of ordered deportations, while Guatemala, Mexico, Nicaragua, and Colombia trailed behind. Harris County, Texas — where Houston is located — led the nation in residents with the largest number of completed cases this fiscal year. A total of 11,503 residents there had their cases completed. However, immigration court cases for an additional 87,262 residents remain pending. Noncitizens in Los Angeles County, California, were not far behind with the second largest number of completed cases — just over 10,000. While Miami-Dade County, Florida, saw the third highest number of completed immigration court cases, the total was far below Harris County and Los Angeles County with just under 5,500 completions. As of Dec. 31, 2023, U.S. Immigration and Customs Enforcement held 37,131 immigrants in ICE detention. Nearly 70% of those detainees have no criminal record, with many having only minor offenses such as traffic violations. Most of these immigrants have been detained in Texas, with facilities in Louisiana, California, Georgia and Arizona holding the next most detainees. Only about 15% of immigrants, including unaccompanied children, had an attorney to assist them in immigration court cases when a removal order was issued during the same time period. For more information, visit us at https://www.beverlyhillsimmigrationlaw.com/.

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