In January of 2018, U.S. Attorney General Jeff Sessions issued an order for immigration judges to end administrative closure, saying that the practice “lacks a valid legal foundation.” This order comes at a time when the number of unresolved cases is at an all-time high, and wait times for court dates go as far ahead as 2022.
Administrative closure is when an immigration judge temporarily removes a case from its active court docket without issuing a decision. This process allows overburdened immigration court judges to move more quickly through the massive backlog of cases, which is at 650,000 unresolved cases and counting.
Administrative closure is often used in cases where immigrants are applying for green cards and visas, applying for relief, or waiting for the outcome of an appeal.
Administrative closure can allow enough time for applications to go through, or for the results of appeals to have an effect on the individual’s immigration proceedings. The Board of Immigration Appeals (BIA) weighs several factors in allowing administrative closure on a given case, such as:
Sessions, as well as other critics, assert that judges who order administrative closure are abusing their authority, with what is supposed to be a temporary solution. In practice, closures are often permanent, as the cases are rarely tracked after being administratively closed, leaving only a third of cases re-calendared and resolved in court. Critics say that this practice allows too many undocumented immigrants to live in the U.S. longer than allowed.
Immigration advocates, judges, and other supporters of administrative closure say that the practice is legal, has not been abused, and that it is an important tool for judges in managing an already overloaded court docket. It also allows the courts to focus on more urgent cases or ones that can be resolved quickly.
Administrative closure may have some effect in reducing the amount of cases, but appears to be a short-term solution.
According to a 2017 study by the United States Government Accountability Office, the Executive Office for Immigration Review’s (EOIR) backlog for open cases more than doubled from 2006 through 2015. As open cases increased, fewer cases were completed each year, decreasing by 31% over a period of ten years. To compound the problem, the amount of immigration judges in EOIR increased only 3%, while currently 39% of judges are eligible for retirement. When you add to it the fact that it takes nearly two years for a judge to be hired by EOIR, the amount of cases per judge even without a backlog is incredible.
Another contributing factor is the fact that merits hearings (hearings to determine the merits of a respondent’s request for refugee status or relief) are frequently rescheduled, adding to the backlog. Non-detained respondents have a harder time finding witnesses to appear in court and vouch for them due to this constant rescheduling. Rescheduling also causes delays, resulting in some respondents being no longer eligible for relief by the time the rescheduled hearing is to take place.
Outside law associations, such as the American Bar Association and the National Association for Immigrant Judges, have recommended various staffing improvements, technology updates, and structural changes to the EOIR in order to better manage the workload and speed things along. In response, EOIR has addressed its staffing issues with workforce contracts, but the benefits of relying on contracted workers, in conjunction with the use of administrative closure to alleviate the workload, remains to be seen.
Currently, there are an estimated 350,000 cases that are administratively closed. At any rate, Sessions has not ordered the re-opening of cases that are already administratively closed, as they would only further flood an immigration court with too few judges and too many cases already pending.
Regardless, those pursuing immigration cases should not rely on administrative closure as a secure means of obtaining a visa, green card, or relief. A knowledgeable New York immigration lawyer can inform you of your rights, and advocate for you every step of the way. For a consultation with the skilled immigration attorneys at Pollack, Pollack, Isaac & DeCicco, LLP, please call 646-779-2896 today. We speak many languages, and want to help you and your family find the answer you seek.