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

Trump Policies Play Out In Courtrooms Like This One

The Courthouse News has an excellent report about a San Francisco courtroom it calls a “microcosm” of how the nation’s immigration deportation system is reacting to President Trump’s new policies. The CN explains that the courtroom is “… where immigrants held in detention centers miles away speak to judges through interpreters and flat-screen TVs.” The report details cases from “… about 1,500 immigrants detained in four facilities within 300 miles of San Francisco, where deportation cases are tried and decided by 19 immigration judges at two courthouses.”

The report also backgrounds the effect of having legal representation: “A recent study by the University of Pennsylvania Law Review found detained immigrants with an attorney were four times more likely to be released on bond, 11 times more likely to seek asylum or other relief from deportation, and twice as likely to successfully obtain the relief they sought. According to that same study, 37 percent of immigrants have no legal representation in removal cases, a proportion that shrinks to 14 percent for those held in detention.”

Officials are trying to provide legal representation for immigrants facing deportation, but given the years-long backlog and budgets, it seems an uphill struggle. Immigration courts are considered civil courts, so they do not carry the same “right to an attorney” that criminal courts have.

Read the story here: https://www.courthousenews.com/advocates-push-lawyers-immigrant-detainees/

Texas Court Hearing Will Address Decades-Old Asbestos Testimony

A Texas reporter is trying to unearth asbestos-related testimony from nearly 20 years ago that might shed light on some more recent activity. Specifically, the reporter feels a deposition, apparently sealed for all this time, might shed light on a famous witness-coaching memo that came to light during the landmark Garlock bankruptcy case two years ago. A hearing is set for today (Jan. 31) in a downtown Austin, Tx., courtroom.

We will update the results, which are not expected to be immediate. Meanwhile, the case has attracted the attention of tort-reform organizations and even the center-right Tucker Carlson website Daily Caller, which published a scorched earth article on the even of the hearing. The reporter is also a contributor to the Paul Johnson Films documentary “UnSettled: Inside the Strange World of Asbestos Lawsuits” and did original reporting at the Dallas Observer that appeared in the film. Asbestos litigation is America’s longest-running tort litigation and a frequent target of civil lawsuit “reform” groups, typically backed by business groups like the U.S. Chamber of Commerce.

Read the Daily Caller opinion piece, from a regular contributor but not a news staff writer, here.

California budget raid jeopardizes Modesto courthouse construction funding

A decision by California lawmakers to raid $1.4 billion from the judicial system during the budget crisis is having a direct impact on a $267 million courthouse construction project in Modesto, according to the ModBee. With 23 courthouse construction projects in the works across the state, the budget raid could have implications well beyond the city borders.

As budgets have become constrained, courthouses have closed, forcing existing courthouses to renovate to accommodate the influx of new cases. Brandi Christensen, facilities support service manager for Stanislaus County Superior Court told the Bee, “We don’t have an inch to move. Our courtrooms are packed every day.”

In addition to lack of space, many courthouses have fallen into deep disrepair from age. In the case of the Modesto courthouse, the Bee reports, “The most modern part of the current courthouse — which houses the courtrooms — was built in 1960. The other half of the courthouse was built in 1871 and remodeled in 1939. The courthouse has no holding cells for inmates, who are kept in jury rooms before their court appearances.”

The Judicial Council of California’s Court Facilities Advisory Committee met on June 28th in San Francisco to go over courthouse construction funding, and found it is coming up short. Very short. The Council directed the staff to develop funding recommendations, in concert with  the Department of Finance, in advance of their next meeting August 4th.

We’ll continue to follow the story, and you can get caught up with full details at the full Modesto Bee article here.

Conn. Takes Steps Toward ‘Civil Gideon’ Momentum

GavelFor some time, Connecticut Bar Association President William Clendenen Jr. has focused on the “justice gap” facing low and moderate income residents facing serious legal issues. So it’s no surprise that the state’s bar association, via its regular publication, is endorsing an effort by Democratic state Sen. Martin Looney to create a “Civil Gideon” task force, an important step if the state is ever going to address the issue.

Looney, who is the Senate president, has introduced a bill that would create a wide-ranging group to “… recommend the best ways to address the legal needs of the increasing number of people compelled to represent themselves when facing serious civil legal problems,” explains a piece in the Connecticut Law Tribune.

The CLT backgrounds that: “… [aid groups] are able to accept only a fraction of requests for assistance from eligible applicants. Those with modest incomes who do not qualify for free legal services are finding it increasingly difficult to afford market-rate legal fees. As a consequence, thousands of individuals and families face eviction and foreclosure notices, child custody proceedings, domestic violence hearings and other legal challenges involving basic human rights and interests without the support of legal advocates. Last year, nearly a quarter of all civil cases in Connecticut had one or more self-represented litigants. In family cases, the number rose to 85 percent.”

Eight of ten in family court. Wow! Read more here:

‘Civil Gideon’ Task Force Would Be an Important First Step