BACKGROUND
Immigration judges are often prosecutors before being appointed by the Dept. of Justice (directly related to the President). People sometimes don't know they should appear in court because the notice was sent in English and they don't understand it, the notice is sent to a previous address, or the notice is not sent. When they are located, they can be deported for not showing up in court. When people can't find an immigration attorney to represent them, their chances of being successful in seeking asylum are way lower than those who have attorneys. It takes quite a while to gather their evidence because they either didn't bring it, it was lost, or it was taken (often by Border Patrol agents). There is a significant variation in decisions made by immigration judges in different courts or regions. The laws are always changing.
Those on humanitarian parole do not really have a path to Legal Permanent Residency/LPR or citizenship unless Congress grants it to them (this includes DACA recipients, Afghans, Ukrainians, Haitians, Venezuelans, Nicaraguans, and Cubans), but they can renew their status periodically with a fee based on the length of their parole. People on humanitarian parole can work. Asylum seekers can't work until they submit their asylum application and get a court date. After a year following the court decision to stay in the U.S., they can apply for their green card and five years after they were granted asylum, they can apply for citizenship. They also are eligible for various benefits including Temporary Assistance for Needy Families/TANF, Medi-Cal and CalFresh/food stamps. People who enter with legal permanent resident (LPR) status (i.e., visas for those sponsored by family members who are U.S. citizens or LPRs, employment-based visas, or diversity visas) can work upon arrival; they are eligible for citizenship three or five years after entry (those married to US citizens may apply after 3 years).
RELEVANT LWV POSITION
The League supports due process for all persons, including the right to a fair hearing, right to counsel, right of appeal, and right to humane treatment.
TALKING POINTS
• Under the Department of Justice; implications of judges appointed by DOJ
• Shortage of judges and staff (and funding)
• Problem with notification to appear in court; people miss court dates
• Several court dates for most people before a decision is made to be granted asylum • Effect of lack of defense attorney on the decision
• Variation in number of cases of people ordered removed between various judges or regions
• Funding of the court system from fees
• Asylum seekers need to bring evidence
• Path to Citizenship