Punitive 'In Absentia' Immigration Court Rules Hamper Asylum Seekers: Report

Punitive 'In Absentia' Immigration Court Rules Hamper Asylum Seekers: Report

Dara Lind, Vox, July 11, 2018 - "A new study blows up Trump’s “catch-and-release” myth. Families seeking asylum often miss their court dates — not because they’re criminals, but because the system is broken. President Donald Trump and other top administration officials have spent months railing against the release of immigrant families as a recipe for widespread lawlessness. They claim that once a family is released from immigration, they’ll simply abscond into the US, skipping their appointed court dates, to live as unauthorized immigrants. The administration makes it seem like this is a deliberate strategy — a known end-run around existing immigration law that takes advantages of extra protections afforded to children, families, and asylum-seekers. But a new study, compiled by a pair of legal advocacy groups, shows that isn’t the case, and that the administration doesn’t have to choose between separating immigrant families (or detaining them indefinitely) and making sure they show up to court. The administration has identified a real problem, but misunderstands, or misrepresents, the cause. The study confirms that families who cross into the US without papers often miss their court dates, but offers suggestive qualitative evidence — collected from families who were contacted by attorneys and notified that they’d missed their court dates — that many families aren’t deliberately absconding at all. They’re trying to stay in the system. It’s just that the system makes it too hard for them, then punishes them with an order of deportation when they fail. The people whom the Trump administration is painting as lawless “absconders” are often just lost, confused, and overwhelmed families in a strange land, working as hard as they can to be allowed to stay here but faced with legal and bureaucratic obstacles that make missing a court date an understandable outcome."