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Charlotte's immigration court faces major backlog as some lawmakers push bill to force local law enforcement to comply with ICE

The court serves North and South Carolina and is slammed with cases. It was so overcrowded Wednesday, the fire marshal had to ask people to disperse.

CHARLOTTE, N.C. — So many people were packed inside the building that houses the immigration court in Charlotte on Wednesday, the fire marshal had to ask people to disperse.

Concerned about the number of people standing in hallways and common areas, the fire marshal asked the crowd to disperse. At that time, some of the people moved outside to wait.

WCNC Charlotte's Richard DeVayne was there on Wednesday as the crowds of people awaiting court hearings became a safety concern in the eyes of the fire marshal.

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Credit: WCNC
The fire marshal asked crowds awaiting Charlotte immigration court Wednesday to disperse because of safety concerns.

Yeni Moser drove in from Wake Forest to bring her friends in for a court date.

“We drove like three hours, and we walked over there," Moser said, who was met with crowded and long lines but turned away like many. "Her appointment was at 9:30 a.m. and there were all of these people here, just like 150 people. A lot of people, they lose a job day, they have kids at babysitter … a lot of things like that and they are just sending everybody home telling them they don’t have a court date.”

The east Charlotte courthouse, which serves both North and South Carolina, is slammed with cases.

According to TRAC Immigration, a source for immigration data, there are over 137,000 immigration cases pending there.

“Most of the cases seen here are defensive cases and we are trying to block removal or what we know as deportation,” Immigration Attorney David Concha said.

Despite some efforts to increase the number of immigration judges, Concha said there are just not enough.

“There is a case backlog and these cases can take years to go through the system … and there is only so much work one person can do,” Concha said. “If there is one judge, how many cases can he or she see in a day realistically.”

Concha said immigration reform needs to be a top priority to keep families together and help those contributing to our communities get on the right path.

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“The idea is we want to know who is here, that is what we claim and how do we know if we don’t document people,” Concha said. “So, if we can document people and at the same time secure the border, then we can eliminate the number of people coming here to court.”

Meanwhile, some lawmakers are looking to pass a law to force local law enforcement to comply with ICE holds and detention requests of people believed to be undocumented.

It’s a bill Mecklenburg County Sheriff Garry McFadden said his office opposes and puts an additional burden on law enforcement.

Immigration advocates like the Carolina Migrant Network’s Co-Director Stefania Arteaga called the bill concerning.

“North Carolina heavily relies on immigrant labor, whether it's through the hog industry, or in the construction industry, you're right here at home,” Arteaga said. “So, we are going to see migrant workers, or immigrants in general, that will not feel safe in North Carolina.

The group said the law could also create fear and hurt families.

“There's plenty of studies from Mecklenburg County over the past 12 years that show that children born to foreign-born parents are most likely to be underweight. People do not see critical health care,” Arteaga said.

Attorney Concha is also against the bill.

“They are a part of the community, whether we like it or not, and so that discourages them calling the police, seeking assistance if they are fearful that they will be picked up by ICE,” Concha said.

As lawmakers return to legislative session, advocates hope to see laws towards immigration reform take precedence.

"The safety of all parties and guests within EOIR space is of the utmost importance, and EOIR consistently evaluates its dockets and shifts resources to best meet the public need, including by making adjustments to reduce crowds and increase efficiencies—always with the interest of due process in mind," a spokesperson for Executive Office for Immigration Review said.

The spokesperson said immigration courts share spaces with federal, state, local and private tenants, leaving some of the overcrowding factors out of the court's control. 

"Additionally, many variables may contribute to the number of people in our court spaces on a given day and time, including the number of people with a hearing, the number of guests or witnesses they choose to bring and the number of members of the public observing hearings," the spokesperson said.

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