Boston Globe Deep-Dives Into Immigration Court Delays

Photo Credit: Boston Globe Report, Pat Greenhouse/Staff / File 2015

Citing government studies, The Boston Glove is reporting that the immigration court “logjam” has more than doubled over the past decade, to include about a half-million cases including 11,271 cases in Boston,
“As a result, some respondents’ cases may take years to resolve,” government auditors said in the June 1 report on the Justice Department’s Executive Office for Immigration Review, which oversees the immigration court system.
The Globe story focuses on a woman, her husband, and their two children who “… fled war-torn Syria in 2013, moving first to Lebanon before arriving legally in Massachusetts in March 2014. They applied for asylum, were granted temporary permission to stay, and were given work permits. So far, however, they have no idea how long they’ll be allowed to remain in the United States. Or even if they will.”
The reporting cites several causes for the backlog, including too few judges and the 2014 jump in people seeing refuge here. Immigration courts are considered “civil,” rather than criminal and thus do not have to provide lawyers and other protections. The courts are not part of the federal courts system but are a function of the Justice Department.
Read the Globe story here: At immigration courts, a growing backlog – The Boston Globe

Report: Half of Californians Worry Somebody They Know Will Be Deported

A new report by the Capital & Main group, published at Newsweek, outlines how deeply the immigration and deportation issues are felt in California. The report also notes that”… fifty-one percent of California adults said increased federal immigration enforcement left them worried that someone they know could be deported, according to the survey from the Public Policy Institute of California. Thirty percent said they worry ‘a lot’ about it, according to the poll.

The report also notes that, under President Trump, “… deportations have actually fallen…compared with the same time period last year, but the number of arrests of undocumented immigrants has increased. Some of those people are owed a day in court, and the immigration courts are backlogged with pending cases.”

The immigration cours are designated as “civil” cases, as opposed to criminal cases. One difference is that people in civil cases lack the guarantee of a lawyer.

See the story here: http://www.newsweek.com/half-california-adults-believe-someone-know-deported-trump-619282

Chicago Trib Deep-Dives Into Immigration Court Delays

Dario Castaneda, an immigration attorney who is representing detained immigrant, Francisco Casas, outside of the U.S. Citizenship and Immigration Services field office (West Congress Pkwy.) in Chicago on Tuesday, May 9, 2017. (Jose M. Osorio / Chicago Tribune)

The Chicago Tribune is taking a deep dive into the Windy City’s immigration court backlog, including how a DUI sent a man to jail for seven months to await his day in court and other big-picture information. For example, the newspaper reports that “… as recently as 2010, the immigration court in Chicago had fewer than 13,000 pending cases on its docket. By the end of March, that figure had risen to 24,844, according to statistics provided by the federal Executive Office for Immigration Review, which is part of the Department of Justice.

The paper also notes that “… the crunch is partly the result of policy changes under the Obama administration, which made a priority of quickly handling cases that involved children and recent border crossers, particularly in the face of an influx of immigrants coming into the U.S. illegally from Central American countries around 2014. But the Trump administration has contributed to the crunch as well, emphasizing the deportation of detainees who have had contact with the criminal justice system, though even those without records have been caught up in the efforts.”

It’s a solid report and you can find  it here: Cases flood Chicago Immigration Court as system reckons with new landscape

ADVWG applauds investigation into asbestos bankruptcy trusts

The Asbestos Double-Victims Workgroup (ADVWG) is calling on additional state officials and federal authorities to join 13 states investigating whether several large national asbestos bankruptcy trusts are mismanaging funds, including if they failed to reimburse Medicaid and other medical providers as required in federal secondary payer laws.

In March, attorneys general from the states of AlabamaArkansasKansasLouisianaMichiganMontanaNebraskaNevadaSouth CarolinaSouth DakotaUtahWest Virginia, and Wisconsin joined forces in issuing a Civil Investigation Demand (CID) to four of the nation’s largest bankruptcy trusts. The trusts did not comply with the CID which led to the Utah-based lawsuit asking the court to require compliance.

Those trusts are formed under a law allowing companies with asbestos liability to emerge from a bankruptcy process solvent while creating trusts to pay currents and estimated victims. The AGs are concerned that negligent management of the trusts is cutting the amounts available to help victims, a disproportionate number of whom are veterans, and may not be repaying health care costs. Those victims may be unaware of possible claw-back actions coming down the pike.

The multi-state investigation comes on the heels of the “Garlock” case in North Carolina when a federal judge disclosed that evidence had been suppressed in all 15 cases where he had allowed specific discovery. Both the CID and the Utah lawsuit make clear links to the Garlock case and represent the first law enforcement action on the judge’s findings.

Sara Warner, Courts Monitor publisher, is a founding member and spokesperson for the ADVWG.

Read the full release. 

CM Publisher Updates AG Probe Into Asbestos Trusts

Sara Warner, Founding Publisher of the National Courts Monitor & California Courts Monitor

Posting at The Huffington Post, Courts Monitor Publisher Sara Warner updates an investigation by 13 state attorneys general into what they are calling potential abuse and mismanagement in four of the nation’s largest asbestos bankruptcy trusts. Billions of dollars are held by dozens of trusts and a key issue is is required re-payments to Medicare and Medicaid programs may have been missed.
See the HuffPo blog here:

Asbestos Trusts Strike Back, Calling AGs Medicaid Fraud Probe ‘Overreach’