In recent months, the United States has seen a surge in the immigrant population crossing over the border from Mexico in the Southwest United States. This large increase stems from the increased gang violence and ever growing poverty in Central America. Because of the increased influx of these impoverished and largely unrepresented immigrants, a group called the New York Immigration Coalition, held a two day seminar at the New York Law School that helped individuals, both attorneys and laypersons, learn how to represent these unaccompanied minors in Federal Immigration Court. The training also helped these people, most whom are volunteers, become eligible to appear before the New York City Immigration Court in removal proceedings, which is located near City Hall, in the Federal Building at 26 Federal Plaza. The New York City immigration court is one of the largest and courts with the most immigration judges and largest dockets in the entire country.
It is estimated that there are currently more than 50,000 cases pending at the New York City immigration court. The United States Department of Justice, Executive Office for Immigration Review is limited in budgeting and therefore the number of immigration judges employed within that agency are not sufficient to cover the current case load. Additionally, the Department of Homeland Security, Immigration and Customs Enforcement, Office of the Principal Legal Advisor (OPLA) employ the trial attorneys or Assistant Chief Counsels. The number of these attorneys has diminished due to attrition and there have not been any new attorneys hired in the past several years due to a lack in funding, resulting in a hiring freeze. The delay in having their cases heard, are often a benefit for new immigrants who wish to remain in the United States for safety and economic reasons. The wait time is also an advantage for the minor children, who will have the opportunity of remaining in the United States for an extended period of time.
This training is very essential to this immigration population. These immigrants need guidance to navigate them through the process of the Immigration Court and its procedures, where the Court’s objective is to deport or remove them from the United States. Most of these children, if counseled correctly, will have an avenue of relief that they may apply for in order to remain safely in the United States. Without this help, these children will have no idea of what to do to protect themselves. Some of the laypersons who took this training went through their own immigration horrors and now want to give back by helping those who have recently arrived. Others see it as their civic obligation or their human rights and duty. One of the trainees, an advocate for HIV-positive clients, took the training to help her clients avoid deportation. Keeping these individuals in the United States is often literally a matter of life or death, as many countries cannot provide the medication to help combat the virus.
Whatever reason that people are reaching out and helping this ever increasing immigrant population, it is certainly a sign of good will. It is also something that will continue to be needed as the stream of newly arrived immigrants cross the border into the United States and are processed through the United States immigration system.
