[Blog]

As the partial government shutdown enters its third week, we have been faced with some new challenges. The Immigration Court is not hearing any non-detained cases, though the detained cases continue as scheduled. This means that the Immigration Judges are furloughed, except that they can come in to work on and hear detained cases. Any of our motions for non-detained cases remain undecided, and our hearings are being rescheduled. But where theses issues become more complicated are the Monday morning trials. See, the government could theoretically reopen over the weekend, even say late Sunday night. If that were to happen, the Monday morning trials would go forward, even though up to the last minute - the Immigration Judge and possibly the attorney for the government on that case have been furloughed right up to the minute the trial starts. 

For example, this morning we had a trial scheduled for a family of five asylum seekers. Their prior attorney withdrew from their case and despite their best efforts it took them several weeks to hire us, leaving precious little time to prepare their cases - as their prior attorney had failed to do before being allowed to withdraw. We filed a motion to continue the case, but because of the shutdown, we never received a response. Their evidence and statements were due 15 days before trial, so we prepared and filed the evidence in advance of the trial, because once again we had no decision on our motion, and it was possible that the government might reopen at any minute. This morning, we all showed up to court and I had to tell them that the government shutdown continued and so their case was being rescheduled to some date in the future, and we don't know when. At 8:00am today, the Court's telephonic system was still listing their trial for today at 8:30am, despite the shutdown continuing.

Our clients were local, but other attorneys had the exact same issue - and their clients live hours away. Remember, the Kansas City Immigration Court covers all of Kansas and Missouri - so they have people who live up to 8 hours away. The Court really should be rescheduling Monday morning trials on Friday night if there is no end to the shutdown by then. But the main lesson here is to stay ready.