Skip to content

What’s Wrong With The Immigration Justice System?

  • by Clare

The United States immigration system is broken. In 2019 alone, 143,000 “aliens” were arrested, and more than 267,000 were removed, according to ICE statistics. The amount of people turned away at the border increased by 68 percent, many of whom were seeking asylum in the U.S. While these numbers may be a point of pride for some, for many they show how unwelcoming the United States has become. Over the course of the next few months, I will be researching immigration justice and looking for solutions– but first, let’s take a look at the problem. 

The Issue

The United State’s aversion to immigrants is only part of the issue. The problem at hand is the manner in which these individuals are treated. U.S immigrant detainment centers keep individuals for an average of 31 days if they don’t choose to go to court. If they do, the average detainment jumps to 577 days. These detainees suffer from poor legal representation, lack of clear communication, over year long waits for a court date, and horrible living conditions. It is challenging to put these numbers into perspective, and especially challenging to realize that they represent humans, each with very real and very different situations. This is a humanitarian crisis, and it is happening under our noses. 

US Immigration and Customs Enforcement (ICE) strategically hold their detainees in out of the way places: Fifty-two percent of detainees are held in rural prisons that are difficult for lawyers and family members to access. Separated from family members, cramped into rooms with no beds and dozens of other people, these individuals are imprisoned. Many of them are legally seeking asylum in the U.S. but the immigration system is so stagnant that they are forced to wait months, even years before being released. Under the Obama administration, the maximum number of refugees permitted in the U.S per year was 110,000 individuals. Under the Trump administration, it has decreased to 30,000. With so many individuals seeking aid, so few actually granted any, and thousands more trying to bring their case to court, the U.S immigration system has faltered and failed. There are 69 immigration courts in the United States, 350 judges, and 733,365 pending immigration cases. This means that each judge has an average of 2,000 backlogged cases. The immigration justice system is broken, and it must be fixed. 

What Can Be Done?

One logical step would be to create more courts. With more courts and more judges, more cases can be heard and the whole process can chug in to motion. However, a revamp to the system could take years and would require funds and cooperation from Congress. Another solution could involve Non-Governmental Organizations (NGOs). NGOs are self-motivated and self-funded, and are able to lobby politicians and rally the population behind issues. Many NGOs such as RAICES and ACLU provide immigrants with lawyers. This side steps randomly assigned pro bono lawyers that the state might offer, and provides better representation to detainees. Finally, the most intangible, yet perhaps the most powerful solution is national attention. With enough pressure from the population, government officials are cornered into taking action and making immediate change. 

I will be researching and writing more about the immigration system in the coming weeks– stay tuned to learn more!

Clare

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.