Biden Administration Faces Wave of Lawsuits Over Immigration Delays
An Overview
As a result of the administration’s handling of immigration, it has faced a surge in civil lawsuits. According to immigration lawyer María Herrera Mellado, there have been over 6,800 lawsuits filed this year due to delays. A class action lawsuit was filed on January 24, 2023, by U.S citizens due to bureaucratic logjams leaving applicants for adjustment of immigration status in limbo for years. This has led the American Immigration Council to monitor and follow up on the lawsuits.
The Lawsuit and Its Motive
The lawsuit aims to hold the Biden administration accountable for the delays in resolving these cases. Herrera Mellado revealed that the plaintiffs are exhausted with their cases still in limbo; having to go to lawyers and even federal court to sue the United States government to make decisions. The American Immigration Council has created a page to collect all this information and requests people affected by these excessive delays to join them.
The State With the Highest Number of Pending Application Cases
Florida holds the top spot with the most affected cases so far, with 356,963 applications still pending. Texas, California, and New York, follow closely behind. The accumulation of cases for asylum was 864,751 as of April, before the government ended Title 42, according to the Transactional Records Access Clearinghose(TRAC) center at Syracuse University.
Understanding the Issue at Hand
The USCIS backlog has reached a staggering 9 million unresolved applications, including asylum, work permits, and citizenship. The primary cause of the backlog is the skyrocketing number of asylum requests presented at the border with Mexico. While the Biden administration has responded by ending Title 42, it still faces a backlog of cases at USCIS and the courts.
Delays in Family Reunification
The heavy concentration of delays is in family reunification. The processing time of many family petitions, such as the fiancé petition and the application for permanent residency for asylum, has been greatly extended. This also includes a waiver request through the I601A for people who are waiting outside for having stayed in the United States illegally.
Why Are There Delays?
According to the lawyer, there are several reasons for delays. The COVID-19 pandemic was the primary cause; the Trump administration’s application of Title 42 caused many embassies to close, and the process slowed down. Since Joe Biden became the President, there has been disorderly massive entry across the southern border, causing services to overflow. The government has had to hire more agents due to the fabricated crisis on the southern border and the massive entry.
The Way Forward
Despite the situation seeming dire, there is nothing to do but wait for the processing times. Unfortunately, most family petitions cannot do anything to expedite their cases. However, there are a few exceptions, and Cubans, Colombians, Guatemalans, and Salvadorans may apply for family reunification parole. Delays in family reunification have led to the humanitarian parole for more than 700,000 migrants. However, this measure may end soon due to it being considered unconstitutional. If the parole becomes unconstitutional, the government may end it, forcing people to go back to their countries.
Conclusion
Immigration remains a pertinent issue in the United States, with the high influx of asylum requests and family reunification cases leading to significant delays in the courts. The Biden administration still faces a considerable backlog of cases and civil lawsuits, and while there may not be much to do, the situation calls for urgent remedies.