Illegal border crossers may wait up to a decade for their court dates.

Illegal Immigrants May Not Have to Appear in Court for a Decade

Illegal immigrants released into the United States from the southern border post-Title 42 may not have to appear in federal court for at least another decade. The Washington Examiner interviewed dozens of immigrants who freshly crossed the U.S.-Mexico border to get a sense of just how long they will stay in the U.S. before an immigration court determines whether they should be removed or will be eligible to remain in the country.

Immigrants Reveal Court Dates Set for 2033

Several immigrants were willing to show their Department of Homeland Security I-862 forms, revealing notices to appear in court reaching as far into the future as 2033. “My court date is set for a year away in Oregon, but my mother was told to wait 10 years before she can see a judge,” one 23-year-old immigrant from Venezuela said.

Backlog of 2 Million Cases Waiting to be Heard

South Texas College of Law professor Josh Blackman told the Washington Examiner on Friday that giving court dates so far into the future is “almost meaningless.” Immigration courts have more than 2 million cases waiting to be heard nationwide by fewer than 700 judges, and the pivot to pre-Title 42 border protocols is only expected to add to that backlog because immigrants will no longer be eligible for immediate expulsion, resulting in more people in custody and released into the country.

Legal Efforts Mount Against Biden Administration’s Allowance of Immigrants

Conservative legal efforts are mounting against the Biden administration’s allowance of immigrants who are awaiting removal proceedings to remain in the country. America First Legal and Texas Attorney General Ken Paxton, a Republican, are “urgently suing Biden to stop his lawless and covert mass parole scheme,” Stephen Miller, AFL founder and former senior adviser to former President Donald Trump, tweeted in response to a Washington Examiner reporter.

Immigrants Released on Parole Basis

The Biden administration has increasingly waived immigrants into the U.S. on a parole basis through screening immigrants in a government app or when in custody after illegally crossing the border. Parole is used to release immigrants even when they have not made an asylum claim.

Immigrants Struggle to Support Themselves Without Work Authorization

In the meantime, immigrants told the Washington Examiner they are happy to have made it across the border and are actively looking for any job they can find because they must wait a long time before they will be expected in court. “How do I support myself here in the United States for four years without working?” a Venezuelan named Joseph asked, saying his notice for appearance in court was slated for October 2027.

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