ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

July 26, 2023

The US immigration court backlog

On July 19, 2023, Law360 published the attached commentary entitled A Blueprint For Addressing The Immigration Court Backlog, by Donald Kerwin. This article addresses the US immigration court backlog, which it attributes to systemic problems in the broader US immigration system.

"It would be a mistake to blame the backlog on EOIR [the Executive Office for Immigration Review] or its 650 immigration judges," Kerwin writes. "Instead, the backlog results from ... gross disparities in funding between immigration enforcement and the adjudication of removal proceedings, the failure of Congress to enact meaningful legislative reform, backlogs in the legal immigration system and the limited authorities of immigration judges."

The commentary offers seven sets of interrelated policy recommendations based on the Center for Migration Studies of New York's (CMS's) comprehensive study, The US Immigration Courts, Dumping Ground for the Nation’s Systemic Immigration Failures: The Causes, Composition, and Politically Difficult Solutions to the Court Backlog, published in CMS's Journal on Migration and Human Security.

“Many of the broader problems in the US immigration system have seemed impervious to reform," the commentary concludes. "Yet a technical, good-government issue, such as reducing the backlog, may be the right vehicle to begin to remedy past failures. A nation with 45 million foreign-born residents needs an immigration court system that fairly and efficiently adjudicates cases.”

To access CMS's immigration court backlog report click HERE

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.