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NORTH CAROLINA, Raleigh- Just before midnight Wednesday, an official government announcement via Twitter declared that all non-detained immigration court hearings are postponed in response to the COVID-19 pandemic.
As of Wednesday evening, 11 immigration courts were temporarily closed for all hearings, including the one in Charlotte, N.C.
The word came from the Department of Justice’s Executive Office of Immigration Review, which is the agency in charge of federal immigration courts. According to NC Justice Center’s Raul Pinto, the information was sent to immigration lawyers early this morning on the American Immigration Lawyers Association email listserve. The AILA is among a group of organizations who signed a letter demanding the full closure of courts on March 15.
“USCIS will [also] close its office,” said Pinto. “But the top-line message is still that folks should first talk to their attorney.”
Business as usual
As for courts held within detention centers, it’s still business as usual. Immigration lawyer Marty Rosenbluth, who works out of the Lumpkin, Ga. office of Polanco Law (based in Durham), is still showing up for hearings in Stewart Detention Center.
“All hearings are proceeding as usual, including masters, individuals and bonds,” Rosenbluth wrote in an email. “However, just this afternoon the court is not allowing any more visitors, including family members, in the court. However, if they are listed as witnesses, they will be allowed in. I assume this would include any family members we listed as witnesses even if they aren’t actually testifying.”
He also said he does not know if this is the case for all immigration courts that are still hearing detained cases.
According to an earlier EOIR released last week via Facebook, non-detained cases were suspended until April 10. Today’s announcement did not clarify a new date.
“Based on what we’re seeing in China and Italy [with COVID-19 effects], I certainly hope the date gets extended,” said Raleigh-based attorney Beckie Moriello. “But I understand they want to take things one step at a time. I just hope they decide with enough advance notice.”
The EOIR has not provided a clear directive on any deadline extensions for attorneys either. Moriello worries that if someone has an immigration hearing the day after the courts open, then documents might still be due to be filed while the court is closed.
“Would an attorney need to go into the office to prepare everything? What about her staff? If the building’s completely closed (which is what it sounds like), her filing won’t be received anyway,” she said.
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