“Mega immigration hearings” are the new federal government plan that worries lawyers and could accelerate deportations.
US immigration courts have begun implementing so-called “mega hearings,” a new mechanism designed to expedite the processing of millions of pending cases, raising alarms among lawyers and immigrant advocacy organizations due to the potential impact on due process.
The measure involves summoning more than 100 people simultaneously to a single preliminary immigration hearing, a practice that breaks with the traditional model, where generally between 20 and 30 immigrants appear per session.
What would it be like in Charlotte's court?
Although this type of hearing has already been reported in cities such as Los Angeles, Chicago, Dallas, Indianapolis, and Boston, immigration lawyer Andrés López believes that its implementation in the Charlotte Court would face significant logistical challenges.
“The courthouse here is very small. They don’t have the space to do it efficiently,” López explained during an interview with Enlace Latino NC .
According to the lawyer, the immigration hearing room in Charlotte has a limited capacity and can normally accommodate around 20 people.
He even recalled that in the past there had been problems related to overcrowding, which raised concerns about compliance with the building's safety standards.
Although preliminary hearings are generally held in groups for people without legal representation, López points out that gathering about 100 people in a single session would be difficult to manage.
“The problem with these mega masters programs is that they want to put 100 people there. Here that would be impossible,” he stated.
However, the Charlotte court faces a backlog of 125.000 cases, and to reduce this, the Department of Justice (DOJ) recently appointed three new judges immigration, bringing the total to nine in this court.
The fear of deportations in absentia
One of the main fears of lawyers and advocates for immigrants is that the new hearings will end up increasing deportations in absentia, that is, those ordered when a person does not appear before the judge.
López believes that the fear that still exists among some immigrants could influence that scenario. “I think if they do it, it’s because they know that people won’t come or will be afraid to come"And that leads to deportation in absentia," he noted.
The American Immigration Lawyers Association (AILA) has expressed concern about the implementation of these mass hearings. Vanessa Dojaquez-Torres, AILA's Policy and Advocacy Advisor, warned the EFE news agency that the speed with which they are being scheduled could jeopardize due process guarantees and increase the number of deportation orders issued in absentia.
Related: Immigration Court Hearings by Video Call: Who Can Request It and How to Do It
Notifications: a recurring problem
AILA also warns that some date changes are being announced with such short notice that many immigrants may not find out about their hearings in time.
According to López, all immigrants with an open case must initially receive a Notice to Appear, a document that contains basic information about the case, including the date, time and place where they must appear.
However, the lawyer acknowledges that subsequent changes do not always arrive promptly by mail.
“I have a colleague who received the notification on the day of the hearing. The judge ordered his client's deportation in absentia,” he recounted.
For this reason, it recommends that immigrants constantly check the status of their case in the information system of the Executive Office for Immigration Review (EOIR), which is the agency that oversees the DOJ's immigration courts.
“If the person is checking regularly every week, there won’t be any surprises,” he said.
Related: What rights do you have in immigration court and how can you enforce them?
What happens during a preliminary hearing?
Preliminary hearings, known as master calendar hearings, do not usually determine immediately whether a person will be deported or allowed to remain in the country.
According to López, during these sessions the judge explains the immigrant's rights, including their right to have a lawyer, the consequences of missing future hearings, and the obligation to report any change of address.
Subsequently, the court reviews the government's allegations and determines whether the person can apply for any immigration relief, such as asylum, adjustment of status, cancellation of removal, or other benefits provided by law.
For those without legal representation, the process can be especially complex, one of the reasons why immigrant advocates find the increase in mass hearings worrying.
Related: Deportation Process in North Carolina: Everything You Need to Know
More people in deportation proceedings
López also observes an increase in the number of people being placed in deportation process for any reason, including some who have pending immigration applications.
“Now they are putting everyone in deportation proceedings,” said the lawyer, who claims to have seen cases of people in status adjustment processes or with pending visa applications who still end up facing deportation proceedings.
Given this scenario, it is recommended that immigrants not abandon their immigration processes and consult with specialized lawyers to identify possible immigration protection options.
“There’s nothing you can do to completely avoid risk. The important thing is to know what options you have and prepare for any scenario,” he said.
You may be interested: ICE proposes a nearly 400% increase in processing time to temporarily suspend a deportation
Review your case
People with pending cases in immigration court can check for official updates by calling the Executive Office for Immigration Case Review (EOIR) automated line at: 1-800-898-7180.
You can also do it online at the EOIR page in “Automated Case Information” in Spanish, where you will need to enter your alien registration number or “Alien Number” and your nationality.
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