The immigration cases originating at the Tulsa Jail are just a sliver of what comes before immigration courts.
A backlog of immigration cases is pending at 632,261 as of Aug. 31, an all-time high across the U.S., with an average wait of nearly two years — 681 days — to get a court date. Depending on the defendant’s country, the wait could be up to six years, according to the data collection nonprofit Transactional Records Access Clearinghouse (TRAC).
The judges in 57 jurisdictions primarily hear removal proceedings and decide if an immigrant can be legally granted relief from deportation, such as asylum or an adjustment of status.
With the removal of deportation priorities and a lack of widening legal pathways to various visas, this problem is expected to worsen.
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A Tulsa World analysis found the number of detainers placed on immigrants by the U.S. Immigration and Customs Enforcement doubled within a year. And about two-thirds of those were brought in on misdemeanor complaints.
“The increased use of detention has exacerbated an already oppressive backlog in immigration court cases,” said Elizabeth McCormick, executive director of the University of Tulsa Immigrant Rights Project legal clinic.
“Since detained cases take priority over cases for non-detained individuals, the non-detained docket is getting further and further backlogged, and it is not uncommon for someone with a pending petition in immigration court to face delays of several years before they can get a hearing on their petition for relief.
“Those who are detained are much less likely to be represented by counsel or to be successful in their claims for relief.”
The courts are civil administrative proceedings conducted by the Department of Justice’s Executive Office for Immigration Review. Oklahoma cases are heard by one of six judges based in Dallas.
Even though a judge will hear a master calendar by video broadcast once a week from a room in the Tulsa Jail, many other cases will have to be heard in Dallas.
The backlog in the Dallas court jurisdiction is at 14,094 pending cases with an average wait of 513 days for a court date. At the Tulsa Jail, 98 cases are pending with an average wait of 29 days, according to TRAC. In Oklahoma, 1,878 cases are pending. Among nationalities, the longest wait is for New Zealand immigrants with an average of 2,807 days. For Mexican immigrants, it is an average wait of 737 days and 347 days for Guatemalan natives.
Dallas-based judges ordered removal or a voluntary removal in 86 percent of their total cases and in 98.2 percent of those from the Tulsa Jail.
In the hearings, the government is represented by an attorney from ICE. An immigrant may hire an attorney, but they have no right to one and counsel is not appointed.
McCormick is finding that the stepped-up deportation proceedings are interfering with other petitions for relief.
“Even before the Obama administration, it was not uncommon for Immigration and Customs Enforcement to decide not to put someone in removal proceedings if that person appeared to be eligible for or had a pending application for an immigrant visa or some form of humanitarian relief,” McCormick said.
“It was simply not considered a good use of resources to detain and begin removal proceedings against someone who had a viable claim to remain in the United States. That is no longer the position of the current administration.
“So presently, even individuals with pending applications for legal immigration status may find themselves in removal proceedings and facing deportation before they can find out the outcome of those applications.”
Most of the immigrant clients at the TU clinic are not detained, McCormick said.
“In fact, immigrants in general are much less likely to be involved in criminal activity than the native population,” she said. “Many of our clients are victims of domestic violence and other crimes, and there are special forms of humanitarian relief to these immigrant victims.
“Unfortunately, increased immigration enforcement may deter victims from coming forward and reporting crimes and seeking protection. The city of Tulsa has taken steps to assure the immigrant community, especially immigrant crime victims, that they can and should come forward to cooperate with law enforcement.
“This not only enhances the safety of the entire community, it also allows immigrant victims to apply for lawful immigrant status without fear of detention or other immigration enforcement.”
