Newsletter Week of Jan 1

Many of my clients are quite anxious panicking about Trump’s deportation plan. This memo highlights the challenges and complexities surrounding the issue of removal (deportation) in the United States, particularly the massive backlog in immigration court cases. It touches on several aspects:

1. Trump's Deportation Promise: Donald Trump's campaign pledge to carry out the “largest deportation” in U.S. history faces significant logistical challenges. Deporting millions of people requires a substantial increase in federal resources, including more personnel, detention space, and infrastructure.
2. Immigration Court Backlog: A central hurdle to mass deportations is the overburdened immigration court system. With millions of cases already pending in immigration court, the court system is overwhelmed and wait times for decisions have stretched out to several years. This backlog is exacerbated by long-standing underfunding and staffing shortages.
3. Legal Requirements for Deportation: U.S. law mandates that a person cannot be deported until an immigration court has issued a final order of removal. The backlog in immigration cases delays these orders, thus hindering the deportation process.
4. Immigration Court System Structure: Immigration courts, which are separate from the judicial branch and are part of the Department of Justice, have historically been underfunded. These courts are run by the Executive Office for Immigration Review, which is tasked with overseeing immigration judges. Despite their critical role in deciding deportation cases, these courts have struggled due to inadequate resources.

If you, your family, friends or colleagues believe that this affects you, please contact my office at 212-267-5225 or [email protected].