Immigration courts are still operating despite the spread of coronavirus: ‘It is indefensible’
Individual court hearings are going on, even though they typically bring together the respondent, family members, witnesses, an interpreter, a judge, court staff, and attorneys on both side
As huge segments of American society close down, the nation’s immigration courts largely continue to operate, angering attorneys who fear they, their clients, and judicial staff could be exposed to the dangerous coronavirus.
In a remarkable moment of solidarity, the three associations that represent immigration judges, lawyers, and prosecutors issued a joint statement calling for the emergency closure of all courts to protect health and safety. Hours later, on Sunday night, the Justice Department agency that governs the courts announced a temporary halt to so-called master calendar hearings, which generally initiate proceedings and can create large crowds in courtrooms, waiting rooms and hallways.
But individual court hearings are going on as before, even though each typically brings together the respondent, family members, witnesses, an interpreter, a judge, court staff, and attorneys on both sides.
“It’s very disconcerting,” said Philadelphia immigration attorney Matthew Archambeault, who last week found himself in a crowded Newark immigration court. “On a personal level, I don’t want to get sick. I have an elderly mother-in-law at home, I don’t want her to get sick. I come back to my staff here [at the law firm]. … There’s supposed to be social distancing. It seems an easy fix to suspend immigration court for the time being.”
“It is indefensible how they have placed people’s lives in danger,” said Chicago Immigration Judge Samuel Cole, the director of communications for the judges’ union. “This is what happens when the immigration court is used as a law-enforcement tool. We should not let politics get in the way of safety.”
A spokesperson for the Executive Office for Immigration Review, which oversees the courts, said the agency knows of the concerns and continues to work with the White House, the Centers for Disease Control and Prevention, and other agencies to monitor the situation.
“Our operating status remains the same, and we do not plan any mass closure of immigration courts,” the EOIR spokesman said in a statement.
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The EOIR website urges visitors to follow the agency on Twitter for the latest news.
Immigration courts are part of the executive branch, not the judiciary, and as such are governed by the attorney general, a political appointee.
There are 63 immigration courts across the U.S.. In the first quarter of fiscal 2020, the number of pending cases surpassed 1 million, government figures show.
For those fleeing persecution, a ruling in immigration court can mean life or death — and that was before the coronavirus struck.
“Why, why, why is our government insisting that the deportation machine must march onward through this storm?” said retired Philadelphia Immigration Judge Charles Honeyman, now of counsel at the firm of Solow, Isbell & Palladino, LLC. “They are either blind to the risk to which they are exposing these people or are maliciously indifferent to such risk.”
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The mayor of Chicago has called for closing the immigration court there, saying people throughout the Midwest travel for proceedings, which increases the risk for everyone.
“This past week I was in immigration court twice in two different cities, in Philly and Newark,” said Philadelphia immigration attorney Juliette Gomez. “Rooms full of people.”
A client who had been sick was scheduled for an asylum interview at U.S Immigration and Citizenship Services last week in Lyndhurst, N.J., Gomez said. The attorney didn’t think they should go because of health recommendations to avoid large groups of people..
“I had to choose,” Gomez said. “Do I go, or do I override my client’s decision in the interest of public health?”
They went, only to find a note on the door saying interviews were being rescheduled, she said.
USCIS announced Monday afternoon that until further notice, asylum offices will not be open for walk-in assistance, only for people with scheduled interviews.
In a separate case in York, Pa., Gomez said, she sought a postponement in the interest of safety, and the judge agreed to do so.
“This is happening in immigration court, in detention centers, at asylum interviews,” she said. “Every day we’re having to choose between our health and our clients’ needs.”