Recent statistics reveal what is a painful reality for many immigrants: the North Carolina Immigration Court, which is located in Charlotte, is hostile to immigrants. Why is this?
La Noticia recently analyzed data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University in New York and found that this court has the highest percentage of deportation proceedings compared to other immigration courts across the country.
Through October 2022, 83.7% of the immigration cases litigated in the North Carolina court received a deportation order, followed by the court in New Mexico (80%). Keep in mind that New Mexico is a border state, but North Carolina is not.
In order to better understand this phenomenon, we spoke with immigration lawyers (such as Jordan Forsyth) and immigrants who have been in that court, and we also analyzed the court’s historical record. Several factors stood out: the lack of legal representation for immigrants; the fact that many did not receive notification that they had to appear in court; a high backlog of cases; and the marked prejudice of certain judges. We will analyze these last two factors.
Backlogs and Bias in Immigration Court
At the North Carolina Immigration Court, the new fiscal year began with a record: almost 69,000 pending cases. The average waiting time for a case to be heard in this court is around two years.
This backlog of cases raises a troubling question: Do the half dozen immigration judges in North Carolina really take the time to thoroughly review the evidence presented in each case? The statistics seem to indicate that the answer is no.
For example, all of the North Carolina Immigration Court judges exceed the national average for asylum denials, according to TRAC, and the strictest judges are George Riggs, Stuart Couch, Amy Lee, and Barry Pettinato.
In fact, Judge Riggs has the fourth highest denial rate in the country. While nationally, the average asylum denial rate is 65%, according to TRAC, Judge Riggs has an absurd 97.7% denial rate. Could it be that by pure coincidence Judge Riggs hears the cases with the least evidence? Or is this official clearly biased against asylum seekers?
Over the years, several of the judges that are part of this immigration court have been sued by organizations and lawyers, due to their strictness in handling cases or for not providing the legal resources that an immigrant is entitled. However, little or nothing has changed with these lawsuits.
What can be done about this?
Although they are called “courts” and their officials are called “judges,” these immigration agencies are not part of the Judicial System, but rather a special program directed by the White House.
It is evident that these immigration officers, who act as judges, cannot keep up. It is also evident that there are few opportunities to hold them accountable. This must change.
Immigration reform cannot be delayed; our laws on this issue are outdated and the system is broken. Immigration courts must implement reforms, cut their political ties, and integrate with the Legislative Branch.
Today, the backlog of cases, lack of personnel, and prejudice mean that on many occasions these judges make hasty decisions. This is just cruel. Let’s remember that an immigration case is not a number to cross off a list-- the life of a person and the life of their family is at stake.