Immigration courts offer many barriers and too few solutions to a complex process


Garcia noted it is a misconception most immigrants speak Spanish. She has heard many other languages, from Arabic to Creole to Mandarin.


courtroom

Photo: Saúl Bucio/Unsplash

by Judith Ruiz-Branch
Illinois News Connection

CHICAGO - As the Trump administration's deportation efforts continue, more people find themselves in immigration court.

Immigration law is complicated, and most immigrants who navigate the court system do so by themselves.

Kelly Garcia, a reporter for Injustice Watch who covers immigration courts in Chicago, said the lack of legal representation and language barriers add to the complexity. Garcia noted almost no one she has encountered in the Chicago court speaks English, yet all the signs and case sheets are in English. Many show up late or miss their hearings because of it.

"If you miss your court hearing, the judge can order your removal," Garcia pointed out. "These barriers have very serious consequences for people - and it's very sad, honestly. It's very sad to witness that."

Garcia noted it is a misconception most immigrants speak Spanish. She has heard many other languages, from Arabic to Creole to Mandarin and said most people do not know they need to request a court interpreter in advance of their hearing or risk having their case delayed. Those who show up late or not at all could be immediately removed from the country.

Research shows those with legal representation fare better in court. But people in immigration court do not have the right to an attorney if they cannot afford one. The burden of proof, to show they were charged incorrectly or request temporary relief through asylum, falls on them.

Groups like the National Immigrant Justice Center and Legal Aid Chicago are on-site to help address some gaps. As the daughter of an immigrant, Garcia emphasized she can relate to the range of emotions she sees in court.

"It just feels very personal to me, because I know how it impacted my mom," Garcia recounted. "I know how hard and difficult that was for her and I also recognize that it's only gotten harder for a lot of people, especially for people who have migrated [from] very dangerous conditions, here."

Garcia added she has seen many people come to the U.S. for reasons beyond their control. She said her time covering the immigration court has prompted her to work on creating an "explainer" story to help answer the many questions she hears from defendants every day.




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