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Here’s where the systemic problems arise. So many migrants have sought asylum in recent years that there’s a backlog of more than 1 million cases in immigration courts, according to data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. The average wait for a case to be heard is more than 900 days and rising, meaning that someone taken into custody today might not see a judge until October 2023. Despite some rhetoric on the right, most of those scheduled for court hearings attend. TRAC data indicate that 81 percent of families appearing in immigration court attend all of the required hearings. Nearly all of those with legal representation appeared.
Often, those who don’t appear for their hearings fail to do so because of a breakdown in communication, TRAC explains. “Some immigrants who don’t appear simply have not received notification of their hearing,” the group’s analysis says. “Others may receive a written notice, but the notice may have been in English which they couldn’t read.”
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