ā€˜Rocket Docketsā€™ Set For Border-Children Immigration

The federal government is creating ā€œrocket docketsā€ to process unaccompanied border children, hoping to slow the flow of children by showing a policy of quick returns. Critics are responding that the new practice moves too quickly in a system inadequate to provide legally required court oversight and without a system for legal representation.

The U.K.-based Guardian newspaper has a good overview, reporting that ā€œ.. under normal rules, the recent arrivals would have queued at the tail-end of a backlogged system where migrants wait months or years for hearings at overstretched immigration courtsā€¦ instead, with RepublicansĀ accusing the presidentĀ of neglecting border security, the administration vaulted the newly arrived children to the front of the line, and said they would have initial court hearings within 21 days.ā€

They also cite a California-based critic: ā€œWe appreciate the governmentā€™s attempt to deal with these [new] cases expeditiously, but not to this extreme. We think 21 days is too fast. Maybe 60 days would be preferable,ā€ said Caitlin Sanderson, director of the Los Angeles-based Esperanza Immigrant Rights Project, which has staff attorneys representing about 270 children pro bono.

Fox News Nails The Border-Child Attorney Issue

The headline nails the story for a Fox News report: “Will illegal immigrant kids stay or be sent home? Depends if they have a lawyer.” The report cites a recent report from theĀ Transactional Records Access Clearinghouse at Syracuse University. The report traces the status of more than 100,000 cases involving juveniles clogging the system, and Fox reports that “… in cases where the child had an attorney, they were allowed to stay in the United States nearly half the time. Children who appeared in court alone or without any type of legal representation were deported nine out of 10 times.”

Fox boils it down: “Because crossing the U.S. border without authorization or documentation is a civil offense and not a criminal one, the government is not required to provide children — no matter how young — with publicly funded counsel. But legal representation is a key factor.” Given that having representation takes you from a one-in-ten chance of staying to a “more than 50-50” shot, Fox shows a certain gift for understatement. See the report here:

D.C. And L.A. Getting More ā€˜Border Childrenā€™

The Los Angeles Times is breaking down where the children caught illegally crossing the border are going, noting that cities like Washington with large populations from the originating countries are getting the most newcomers. The Times says reports that D.C. ā€œā€¦ is home to an estimated 165,000 Salvadoran immigrants, the nationā€™s second-largest population after the Los Angeles areaā€™s 275,000, according to the Migration Policy Institute. The capital region had 42,000 immigrants from Guatemala and 30,000 from Honduras.ā€

The U.S. Department of Health and Human Servicesā€™ Administration for Children and Families reports that 2,234 unaccompanied minors were released to sponsors in Virginia betweenĀ Jan. 1 and July 7, ranking the state fifth after Texas, New York, Florida and California. Itā€™s not noted in the story, but those numbers are expected to accelerate as tens of thousands of children being held are processed into the Immigration Court system.

Border Cases Expedited Over Backlog

The tens of thousands of ā€œborder childrenā€ immigration cases are being moved to the front of the line in immigration courts, often moving ahead of people who have waited for years to have their day in court, says a Sacramento Bee newspaper report. The story follows a San Francisco immigration court where two judges were assigned ā€œspecial dockets.ā€
ā€œThe border surge cases are now getting top billing on our dockets, and this immigration court has already been resource-deprived to the point of being anorexic,ā€ said one of the judge quoted in the report. That judge had 2,482 cases on her docket July 25, before the surge of cases began arriving.
The flood of new cases is straining a court that was already overtaxed before tens of thousands of children started crossing illegally into the United States, says the report.