Fake court dates are being issued in immigration court. Here’s why
Our broken immigration system.
>> ... Justin Sweeney, an immigration attorney in Fresno, California, says other people have been issued nonexistent dates, such as Nov. 31, and that others have received dates that appear to be correct but, when the immigrants appear at court, they discover that their case wasn’t scheduled or that it was slated for a completely different date.
“They’re ‘dummy dates.’ That’s the term that gets thrown around,” Sweeney said. “It’s a serious problem nationwide.”
So why are made-up court dates getting issued in the first place by agencies like USCIS and U.S. Immigration and Customs Enforcement?
Immigration authorities send notices to people who have been denied residence or citizenship. But until June of last year, USCIS would send the notices without dates, because the function of putting the cases on the calendar was left for the local courts to do at a later time. The forms just said the time and place was “to be determined,” which often occurred years later.
The reason USCIS sends the notices is because it is the official charging document that makes a foreign national deportable. Immigration lawyers sued, saying notices without court dates and times are defective. Last November, the U.S. Supreme Court agreed, ruling that in order for the government to claim that an immigrant is deportable, the notices have to list a date and place to appear in court.
In order to comply with the ruling, immigration officials began sending notices with a time and place — even if they were fake. The reason, lawyers say, is because having a notice with a date and place allows the government to stop immigrants from qualifying for deportation relief.
According to immigration law, a foreign national is eligible for relief from deportation if the person has lived in the U.S. for a period of 10 years prior to the receipt of the notice to appear. That’s why the date that’s printed on a notice to appear is important: If an immigrant gets a notice to appear that provides a date and time anytime before the 10 years are up, the government can claim that it’s enough to begin the process of deportation and stop the clock toward eligibility for deportation relief.
“It’s arbitrary,” Fox-Isicoff said. “This causes the line at the immigration court to be quite lengthy, as these individuals cannot find their case on the docket. They have no way of knowing without going to the immigration court if the date is real or not, spending extensive funds on counsel, and often traveling huge distances.”
Making it even more difficult is the fact that USCIS doesn’t communicate with the courthouses in real time when issuing the dates, so the courthouses don’t know to put it on the court calendar. <<