Things That Matter

Despite Trump’s False Claims, Facts Are Facts: More Than 99% Of Asylum Seekers Show Up To Their Court Dates

One of the biggest myths that the Trump administration has perpetuated is that asylum seekers do not conform to the legal requirements and processes required to guarantee their cases are being heard in court. The Trump administration has claimed that the only way to guarantee that asylum seekers’ cases will reach the court is to keep them in detention centers (yes, you read that right).

This seems a bit counterintuitive: if they are seeking asylum it is because they have a cause they find justifiable for entering the United States undocumented in the first place. A recent study sheds light on the fallacy of “missed court appointments” and reveals that if not in detention, a vast majority (let’s just say the totality) of asylum seekers do show up for their hearings.  

Numeritos hablan: 99% of who were not detained or who were released from immigration custody show up to their hearings.

Credit: AZFamily / Instagram

New data from Transactional Records Access Clearinghouse (TRAC, a think tank that tracks data in the immigration courts) at Syracuse University reveals that most of asylum seekers who are not detained do attend their court hearings.

This finding basically trumps Trump’s assertion that they do not, which misrepresents them as individuals who prefer to live in the shadows and at the risk of being deported rather than doing due legal diligence. On average, migrants who are caught at the border or who hand themselves in have to wait for more than two years before their cases are dealt with in court.

But there are some others who have to wait even longer, as the TRAC report tells us: “Overall, asylum applicants waited on average 1,030 days – or nearly three years – for their cases to be decided. But many asylum applicants waited even longer: a quarter of applicants waited 1,421 days, or nearly four years, for their asylum decision.” Four years is a long, long time… wouldn’t anyone want the wait to be over?

Other previous research also disregards the idea that migrants want to live in the United States illegally rather than seeing their cases go through.

For those who have been lucky enough to never have to flee their home country or live in constant fear of being deported, it might feel like migrants would rather hide than face the law. This is also the driving rationale behind the Trump administration’s move to send asylum seekers to Mexico and wait there until their cases go through court. However, studies have shown that they want their migratory status to be cleared so they can go on with their lives, free of worries of being deported at any time. 

When in doubt, use science! 

As Vox reports, the numbers gathered by TRAC are pretty definitive: “The latest data from TRAC shows that nearly every migrant who applied for asylum and whose case was completed in 2019 showed up for all of their court hearings”. Boom! However, the Department of Justice has raised concerns about the accuracy of TRAC’s data analysis. TRAC does not disclose its methodology but uses information obtained through the Freedom of Information Act. 

The Department of Justice claims numbers are much lower.

FILE PHOTO: Children walk inside an enclosure, where they are being held by U.S. Customs and Border Protection (CBP), after crossing the border between Mexico and the United States illegally and turning themselves in to request asylum, in El Paso, Texas, U.S., March 29, 2019. REUTERS/Lucas Jackson/File Photo

Data from the Department of Justice contradicts the stunning 99% published by TRAC. According to 2018 numbers, the government says actually 75% of asylum seekers show up to their court hearings, a significant drop compared to TRAC’s analysis. And Trump’s numbers are even lower… yes, really.

He has said: “Tell me, what percentage of people come back? Would you say 100 percent? No, you’re a little off. Like, how about 2 percent? And those people, you almost don’t want, because they cannot be very smart… Those two percent are not going to make America great again, that I can tell you”. Wow, can you imagine a more deceitful way of framing reality?

TRAC’s report also reveals that more asylum seeker cases were decided in 2019 than in any other year… 46,735 people were denied asylum.

Yes, the courts are being busy. As the report reads, in 2019 “judges decided 67,406 asylum cases, nearly two-and-a-half times the number from five years ago when judges decided 19,779 asylum cases. The number of immigrants who have been granted asylum more than doubled from 9,684 in FY 2014 to 19,831 in FY 2019.”

But it is not all good news, as “the number of immigrants who have been denied asylum or other relief grew even faster from 9,716 immigrants to 46,735 over the same time period.” The three countries of origin that top the charts of successful asylum seekers are China, El Salvador and India. 

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