Immigration courts are bursting

For decades, the United States has been a beacon of hope and freedom to those searching for a better life. Last year was no different, with nearly three million migrants crossing the U.S. border in the 2022 fiscal year alone. With this unprecedented influx, politicians have ramped up rhetoric over immigration policy and border security with little progress to show for it.

Lost in that partisan politicking are the nuances of what happens after someone crosses the border. Immigration policy impacts everything from social services to work authorization. People need food, housing, medical and employment. But, before anything else, they need legal assistance and a court date, which is where the system first fails them.

It starts with the courts. Even with the best of intentions, New York City’s federal immigration courts were not built to withstand the deluge of backed up cases due to the pandemic let alone take on new cases in a timely manner. With more than 40,000 asylum seekers arriving in New York City since the spring of 2022, most on buses sent from Texas, the city’s resources are stretched. All immigrants trying to meet their legal requirements encounter a system that has 180,000 cases already pending — and that was before the busing started last spring.

But even with a court date, asylum seekers are not even guaranteed they will be allowed in the Jacob Javits Federal Office Building at 26 Federal Plaza. With limited space and fewer judges, New York immigration courts do not have the infrastructure nor the space to accommodate the rapidly increasing workload. With only a limited number of people allowed inside, asylum seekers begin lining up the night before to ensure their spot, sleeping on cardboard to keep warm.

This is also seen on a national level. With an unprecedented increase in immigrants and asylum seekers, immigration courts across the country are unable to keep up with the overwhelming need nor make up ground on the cases that are now backlogged. Immigration judges are expected to handle thousands of cases at a time — a workload that is not practical nor possible. Nationally, there are more than 1 million asylum seekers awaiting a final verdict on their case —which takes an average of seven years and has a very low chance of success. The process is broken.

With these overburdened legal systems come a shortage of immigration attorneys. Without access to representation and little availability of pro bono lawyers, asylum seekers are forced to attempt navigating the incredibly complex U.S. legal system alone. Even with the historic funding for immigrants needing free legal representation in this year’s New York State budget, legal advocates say it’s not enough. There are not enough immigration attorneys to go around and they simply cannot take on more cases — there must be additional funding and support.

The overwhelmed court system impacts other areas of immigrant life as well. In order to apply for a work permit, asylum seekers must wait 150 days after they turn in their asylum application. According to the U.S. Citizenship and Immigration Services (USCIS), there were about 443,000 work permit applications pending as of March 2022. Without a work permit, asylum seekers often find themselves in New York’s “underground economy,” at higher risk of exploitation and making far lower than minimum wage. But without the proper documentation, they have no other choice.

It all comes down to resources and financial support. These systems — the courts, legal representation, wrap-around social services, etc. — all require funding. Federal support has historically been underfunded on the national level, however, and still relies on a model based on fees collected from those going through the system. While Congress took a positive first step by increasing the budget to alleviate the backlogs for the 2022 fiscal year, it’s still far below the necessary levels to effectively support the system, especially when you consider it must be allocated across the country. It’s ludicrous that New York City is expected to keep up with the massive influx of cases with the same amount of resources as in previous years.

Politicians love to argue about border security and refugee policies, forgetting that immigrants are more than just a hot-button political issue. They are people deserving of our help and our compassion.

Our city and our state are doing all they can to look after the “huddled masses” that come through our city’s gate — but it’s still not enough. New York City needs more funding and more support.

It’s time for the federal government to act.

Agyemang is the New York director for African Communities Together. Ramirez Baron is the executive director of Cabrini Immigrant Services of NYC.