The process of immigration authorities can be quite long because the sequence of obtaining all the requisite documents for immigration is very lengthy process which is why immigration court backlog is at a record high. In fact, gathering all supporting documents is the longest part of the application process. These important documents are necessary to prove that the U.S. government that you are eligible in all respects to be accepted as a permanent U.S. resident. But it is a mistake to assume that everyone can gain entry into the United States.

What happens when immigration cases in the U.S. accumulate?

In Iowa, takes the process of immigration takes a horrible time to perform. These cases are being heard in Nebraska, where they are transferred from Iowa. Here, the waiting for a case is 525 days, which is well above the national average time required of only 482 days. Other states with negative records are California, with 639 days and 615 days in Massachusetts. Therefore, the situation is such that in Nebraska, immigration court backlog is at a record high.

There is no current record of the origin of the pending cases in courts of Nebraska, and therefore it is difficult to determine accurately the number of cases that had originally come from Iowa. Miryam Antúnez de Mayolo, an immigration lawyer from Cedar Falls, pins the faults on the emergence of immigration detentions/cases accumulating due to the widespread use of 287 (g) program that allows local and state police to enforce federal immigration and criminal laws and handover strict punishments for even small including misdemeanors and trivial matters.

Thus, the number of people, especially Hispanics, is pushed to prison for trivial reasons, such as a broken tail light, etc., in their cars. This is a direct reason why immigration court backlog is at a record high.

Illegal immigrants have the right to volunteer to ask for rapid removal, but most prefer to wait until the general amnesty or pardon, which may be just round the corner. Miriam is of the view that illegal immigrants should be allowed to remain in America while the process of running appropriate on criminal background are being carried out. Of course, if the costs of carrying out such checks, which can reach $ 80, are carried by the same applicant, there is less pressure on the government.

Juan Osuna, is the chairman of the Executive Office for Immigration Review. He is responsible for the administration of the immigration courts. He says that, despite 10 judges retiring annually, and more and more being recruited each year, Nebraska court, which is flooded with immigration cases did not receive any new judge and continue to operate with only two judges, once again a reason for the backlog immigration cases in Nebraska.

Task Force Recommendations

A working group sponsored by the CFR, directed by Edward Allen, with leading experts in immigration issues, education, security, work, business and human rights, urged the president to formulate and implement new laws pertaining to the immigration reform policy, in order to alleviate the suffering of potential migrants, by reducing the portfolio of terrible and painful delays in the system. Failure to act quickly, in the opinion of task force, would deteriorate the reputation of the American legal system and place great economic burden on the public education system and the social services system. They further argue that the current system of amnesty should be reviewed in favor of a more robust “earned legislation” and that the current rules of strict penalties for trivial immigration and criminal violations must be immediately reviewed and repealed the policy for refugees and asylum seekers must be reviewed urgently as well.

Jeb Bush and Thomas “Mack” McLarty, of the task force opined that, “The continued failure to devise and implement a sound, and sustainable immigration policy threatens to weaken America’s economy, to jeopardize its diplomacy, and to imperil its national security.”

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