If Congress Wants to Know Who’s Responsible for the Immigration Crisis, It Should Look in a Mirror


Why do we have an enormous backlog of immigration cases along our southern border? Well, as far back as 2006 the immigration backlog had already reached 169,000 cases, so the Bush administration asked for more funding for immigration judges. Congress ignored the request. Then, in 2008, we passed a law guaranteeing judicial proceedings for children who arrive from countries other than Canada or Mexico. That increased the backlog further, and when Barack Obama took office he tried to at least fill all the existing judicial vacancies. But as Stephanie Mencimer reports, that wasn’t nearly enough:

Immigration judges can expect to handle 1,500 cases at any given time. By comparison, Article I federal district judges handle about 440 cases, and they get several law clerks to help manage the load. Immigration judges have to share a single clerk with two or three other judges. The lack of staffing creates an irony that seems to be lost on the current Congress: Too few judges means that people with strong cases languish for years waiting for them to get resolved, while people with weak cases who should probably be sent home quickly get to stay in the United States a few years waiting for a decision.

….Today, there are 243 judges—just 13 more than in 2006 and 21 fewer than at the end of 2012—and more than 30 vacancies the government is trying to fill. All this despite the fact that the immigration court backlog has increased nearly 120 percent since 2006. And that was before the kids started coming.

Obama has tried to get funding for more judges as part of the annual budgeting process. No luck. He’s tried to pass comprehensive immigration reform that included funding for more judges. No luck. Now he’s trying to get emergency funding for the border crisis that would include money for more judges. So far, no luck.

There are, obviously, multiple causes of the current border crisis. As usual, though, Congress is one of them—and, in particular, obstructive congressional Republicans who aren’t really much interested in doing something that would fix an ongoing border crisis that provides them with useful political attack ads. If Congress needs someone to point the finger of blame at, all they have to do is look in a mirror.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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