New migrants pouring into the U.S. after the Biden administration let a COVID-19 restriction called Title 42 expire last week will not break the nation’s stretched court system. The system is already shattered, according to several former judges, immigration experts, and Department of Homeland Security data.
The average wait time for a “Notice to Appear” before a judge at one of the nation’s 66 immigration courts is now four and a half years. In some cities it is much longer. In New York City, new migrants do not have to appear in court until 2032. This growing backlog creates an incentive for more people to cross the border and request asylum as each new case pushes assigned court dates further into the future. In the meantime, many migrants are permitted to live and work in the United States.
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