This week, Chicago and Indianapolis immigration courts, along with other immigration courts across the country, began holding mass preliminary hearings, in which groups of about 30 or more people, many without lawyers, appeared together before a single judge and were pressured to expedite their removal proceedings.
While preliminary “master calendar” hearings are a normal part of the removal proceedings process, holding a single hearing for dozens of people en masse creates significant room for error and due process violations, including the potential for people to unintentionally waive their rights to fight deportation. At some hearings, National Immigrant Justice Center (NIJC) staff observed some judges handing “pleading declaration” forms to immigrants that, if completed, could accelerate or alter the course of their deportation proceedings.
NIJC’s Director of Legal Services Lisa Koop provided the following statement:
“‘Mega masters’ are yet another attempt by this administration to hustle immigrants towards removal, disregard their rights, and avoid the case-by-case adjudication to which they are entitled. Requiring unrepresented people to appear en masse solidifies the notion that immigration courts, rather than providing fair adjudication of people’s cases, are instead functioning as part of this administration’s mass deportation agenda. The intent is to intimidate and coerce people to give up their rights. The timing of these hearings is also telling, given the subversive goals of this administration. After decimating federal funding for immigration legal services, the administration is abdicating all semblance of fairness by conducting these mass hearings. Given these changes and the severe consequences immigrants face when subjected to mass hearings, it is critical for immigrants to know their rights and seek qualified legal assistance to ensure they are not rushed to the irreparable harm of deportation.”
Here is what we know about the “mega master” hearings and “pleading declaration” forms:
“Mega Master” Hearings Violate Key Due Process Protections
The immigration court has always scheduled status hearings, known as “master calendar hearings,” where multiple people are scheduled to appear at the same time, and the judge calls each person one-by-one to discuss the status of their case. What is different about these hearings is the volume, the use of written pleadings, and the lack of individualized assessment of each case.
NIJC observed judges fitting as many individuals as they could at once into their courtroom, addressing at least 30 people at once. Some judges planned to subject up to 100 individuals to these mass hearings in a single day. Given the size of these hearings, individuals with limited English proficiency or who lack competency to represent themselves had no ability to ask the court questions or ensure they understood what the judge was saying.
Every person in immigration court has the right to a fair hearing. Judges, in turn, are required to help develop the record to ensure everyone, including unrepresented people, can present their claims and seek the protection they deserve under the law. These mass hearings make a mockery of these keystone due process guarantees.
Completing the “pleading declaration” form could lead to faster deportations — especially for unrepresented people
During these mass hearings, some judges also instructed individuals to complete and file by a certain date a so-called “Respondent’s Pleading Declaration” form. Completing this form could significantly truncate a person’s court proceedings and potentially speed up their deportation.
Pleadings refer to a technical process where individuals respond to the charges they face in immigration court. The Department of Homeland Security (DHS) sets forth charges against a person via a “Notice to Appear” (NTA) document, which lists the facts the government alleges about the individual as well as how DHS asserts the person may have violated immigration law. Every element of a NTA could be used to support the government’s case that a person should be deported: from the person’s country of citizenship, to the date of service, to alleged conduct and violations.
It is critical for individuals to be able to alert the court when an NTA contains errors, and due process demands that DHS be required to prove why it alleges specific charges and immigration law violations. However, mass hearings and the short deadlines set to complete the pleading declaration form make these basic processes difficult for unrepresented individuals. Individuals could face truncated proceedings and limited ability to defend against deportation simply because they signed and returned the form prior to understanding its contents and implications.
Visit NIJC’s Know Your Rights explainer for more information about individuals’ rights if they are called to “mega master” hearings or given a “pleading declaration” form.