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Migrants who cross the border between the official ports of entry are detained and given a background check. Some are deported on the basis of a pandemic-era rule put in place by Mr. Trump. For others, the law requires due process before they are sent home. Because there is simply not enough capacity to detain everyone; most of the rest are released into the United States to wait years for a hearing before an immigration judge that will determine their fate. The backlog in the immigration court system has increased to historic proportions, with 1.9 million pending cases, up from about 150,000 in 2001, according to the Transactional Records Access Clearinghouse at Syracuse University, which tracks immigration data. Of those, about 750,000 are asylum cases, most of which have been pending for five years or longer.
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