Former deputy assistant AG: immigration court backlog ‘stunning’

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Immigration court backlog reaches 869,000 cases amid migrant surge at border

Former Deputy Attorney General Tom Dupree reacts to the 'stunning' numbers and inaction by Congress.

The immigration court backlog that has left asylum seekers waiting years for a ruling in their case while they remain in the U.S. is “stunning,” according to former Deputy Assistant Attorney General Tom Dupree.

“This is intolerable what we have right now,” Dupree told Fox News’ “America’s Newsroom” Monday in response to figures showing the backlog has grown to more than 869,000 cases as of March 31.

In January 2017, immigration court judges had a backlog of more than 542,000 cases, according to numbers compiled by Syracuse University's Transactional Records Access Clearinghouse research center.

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Dupree’s comments came a day after President Trump criticized the immigration court system during an interview with Fox News’ Maria Bartiromo on "Sunday Morning Futures."

"What we need is new laws,” Trump said, adding, “We have a court system that has 900,000 cases behind it. In other words, they have a court that needs to hear 900,000."

"It's just a situation Congress can fix ... and they don't," the president continued.

Attorney General William Barr issued a rule this month that would prevent some asylum-seekers from asking an immigration judge to be released on bond while their case is pending.

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The ruling does not apply to unaccompanied children or families who can legally be held no more than 20 days. It would take effect in 90 days.

Dupree, who was the deputy assistant AG from 2007 to 2009, said the backlog prevents cases from being processed quickly.

“There is not fair and efficient justice,” he said.

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“I think at a minimum you have to make sure we have resources in the legal system to ensure that everyone who comes here is treated fairly under the laws of the United States,” he said.