From 36 people to over 100 per courtroom

cross-posted from: https://infosec.pub/post/47183504

The “Mega-Master” executive shift increases the docket from the traditional of 36 people to 100 or more per judge. Reports from immigration practitioners suggest that the government is specifically targeting respondents whose hearings were originally scheduled for 2027, 2028, or 2029, moving them up to current dates. The strategic theory behind this is that many individuals may not receive notice in time or may be unable to rearrange their lives on short notice. If a respondent fails to appear among the crowd of 100 during roll call, the judge can issue an in absentia removal order, effectively closing the case with a deportation order without the person ever being heard.

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For those who do show up, the court may attempt to “mass process” the initial hearing. Under 8 C.F.R. § 1240.6, an Immigration Judge has the authority to grant a continuance for “good cause,” which almost always includes the right to seek legal counsel. In a Mega-Master setting, a judge might address the entire room at once, granting everyone a single continuance of about three months (times vary) to find a lawyer. However, this creates a massive due process concern: the advisal of rights is often delivered only in English and Spanish. Respondents who speak Portuguese, Arabic, or other languages may not understand that they have been given a deadline to return with an attorney. Without a lawyer at the second hearing, the court may expect the respondent to plead their case immediately or face removal.

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The following tips are designed to help you navigate the unique challenges of a crowded federal building and a packed courtroom.

  • Arrive Significantly Earlier Than 8:30 AM: Because of the unprecedented number of people scheduled for the same time, security lines at federal buildings will be longer than usual. Plan to arrive by at least 7:30 AM (or earlier) to clear the metal detectors and find your specific courtroom.

  • Solve the Parking Crisis in Advance: Do not assume you will find a spot in the courthouse lot. Research nearby public parking garages or consider using a ride-share service to avoid being late because you were circling the block. Competition for parking will be fierce with 100+ respondents and their attorneys arriving simultaneously.

  • Bring Every Piece of Paperwork: Carry your Notice to Appear (NTA) and any other mail you have received from the court. If you have moved, bring proof that you filed a Change of Address (Form EOIR-33) to show the judge you have been diligent.

  • Secure Your Right to an Interpreter: If you are not 100% comfortable proceeding in English, you have a right to an interpreter at no cost. State clearly to the judge: “I need an interpreter in [your language].”

  • Dress and Act Professionally: Once inside, stay quiet and attentive. In a room of 100 people, the judge needs to see that you are present and respectful when your name is finally called.

  • Request Your “Good Cause” Continuance: If you do not have a lawyer, this is the time to ask for one. Under 8 C.F.R. § 1003.29, you can ask for a continuance for “good cause” to find legal counsel. Be prepared to receive a pro bono legal list and a new date.

  • Confirm Your Next Date Before Leaving: The noise and crowd make it easy to miss instructions. Before you walk out, ensure you have a written notice for your next hearing date. Do not leave the building without a physical record of when you are expected back.