In the heart of Manhattan, a group of Haitian immigrants and asylum seekers endured nearly eight hours of waiting at the immigration courthouse on Broadway last Tuesday, only to be told their efforts were in vain. They would have to return another day to see the judge. This scenario is becoming increasingly common as immigration courts in New York adopt a new style of hearing aimed at speeding up deportation processes.
The new mega master hearings are designed to adjudicate dozens of people in one day, with appointments advanced by months. This sudden shift has caught both immigrants and courtrooms off guard, leading to a host of challenges and frustrations.
Understanding the Mega Master Hearings
The mega master hearings are an evolution of the traditional master calendar hearingwhere individuals respond to allegations by the government or determine if they qualify for protection like asylum. However, the sudden implementation of these hearings has led to a lack of notice and preparation among immigrants, resulting in many missing their hearings and facing potential deportation.
Experts argue that these hearings are designed to expedite removal orders and deportation, eroding due process. The government’s tactic has also burdened judges with immense single-day caseloads, sometimes exceeding a hundred individuals. This has led to a significant increase in in-absentia removal orderswhich have reached the highest numbers seen in a decade.
The Impact on Haitian Immigrants
On the morning of June 9, Judge ShaSha Xu’s court came to session at 8:30 a.m., while a line stretched around the block of the Ted Weiss Federal Building at 290 Broadway in Lower Manhattan. Families, lawyers, and advocates waited to enter the courthouse, under banners of the African Burial Ground National Monument. The scene was one of frustration and confusion as security guards attempted to organize the crowd.
Inside the courtroom, the challenges became evident. Of the cases advanced to Xu’s mega-master hearing, roughly 40 people were without lawyers, nearly twice the amount of represented immigrants. Roughly 16 no-showed, according to statements by the judge. The courtroom was filled with families clutching folders and briefcases, using their documents as makeshift fans in the stale air. Multiple screens showed the call-ins of various interpreters, waiting to assist the judge in communicating with courtgoers.
The entire process has been described as frustrating on both sides by Gillian Rowland-Kain, the director of programs for I-ARC. Judges presiding over mega master hearings are left to navigate a litany of different languages and cases thrown onto their docket alone. Rowland-Kain noted that Xu’s court that day was smoother than other mega masters that had happened the previous week, with more people showing up for their hearings.
The Struggle for Due Process
As the cases moved before her, Judge Xu repeatedly stressed that any insufficiency in an asylum application could result in an automatic dismissal of the case and movement toward deportation. A new policy created under the Trump administration advises judges to summarily dismiss applications that include even minor mistakes or omissions. Multiple pro-se families were advised that they had problems with their asylum applications, with Xu giving a short, one-month deadline to many of them to resubmit.
The impact of these fast-tracked cases is far-reaching, from creating chaos in buildings that hold other important immigration appointments to the erosion of due process rights. Rowland-Kain questioned the government’s motives, stating that getting a removal order seems to be the intent and purpose of immigration courts these days.
By just before noon, the first group of pro-se Spanish-speakers began their hearings. Xu explained the rules of the court to the crowd through an interpreter, confirming with families their citizenship and that they had crossed the border without permission. In many cases, she granted charges by the government and designated a country of removal, moving the case swiftly toward a final trial date.
As the day wore on, the challenges and frustrations continued to mount. Interpreters dropped calls, and the room broke out in whispers as the judge attempted to reschedule hearings. Jurando, who had been waiting for nearly eight hours, was among the group who shuffled out at 3:50 p.m., with a new appointment in hand. The scene was a stark reminder of the struggles faced by Haitian immigrants in New York’s accelerated immigration hearings.
