The Trump Administration has been using all the tools in its vast toolkit to make life more difficult for immigrants. Their newest machination is the "mega" Master Calendar Hearing in Immigration Court, where up to 100 non-citizens (and their lawyers) are required to be present for a brief in-person hearing.

What is the purpose of these mega MCHs and why are they problematic? What should you do if you are waiting for your MCH in Immigration Court?
Let's start with the basics: What is a Master Calendar Hearing? Anyone who has a case in Immigration Court receives a document called a Notice to Appear. The NTA briefly explains why the government believes it can deport you. It will state that you are not a native or citizen of the United States, that you are a citizen of country X, and then it will describe when and how you entered the U.S., and when and how your lawful status in the U.S. ended. It will also list the section(s) of the law under which you can be deported. At the MCH, you need to inform the judge whether the information in the NTA is correct and tell the judge about any defenses you have to being deported, such as asylum, Cancellation of Removal or adjustment of status. The judge will then give you a date to return for your final hearing, where you present your case and the judge determines whether you can stay in the U.S. or whether you have to leave.

Master Calendar Hearings have always been relatively large. It was not uncommon for a courtroom to be stuffed with 20, 30 or even 40 people. Each person had to wait their turn to speak with the judge; this could take a few hours. Once video hearings became available, most courts allowed immigrants with attorneys to appear for the MCH online. This eased overcrowding and saved significant time and stress for non-citizens and their lawyers. In other words, it made life better for people.

Now, EOIR (the Executive Office for Immigration Review, the office that oversees the Immigration Courts) has started scheduling mega Masters and seems to have ended the policy of allowing represented immigrants to appear online. I says "seems to" because there was no official announcement (possibly because EOIR couldn't even come up with a fig-leaf of an explanation for why it would implement yet another harmful policy change). We lawyers just heard the news from various clerks and Immigration Judges, and we are seeing most online cases switch to in-person. Worse, some case are listed as online when they have, in fact, been changed to in-person. If you have a case listed as online, it is a good idea to call the Immigration Court to double check.

Without an official announcement, we don't know for sure why EOIR made this change, but we can make a pretty good guess. By forcing people to come to court, often with little advance notice, EOIR is counting on the fact that many people will fail to appear, and can thus be ordered deported in absentia (in their absence). Based on what I am hearing, this plan is working. Apparently 30% to 40% of people scheduled for these mega MCHs are not showing up and are being ordered deported.

Why do some immigrants fail to appear in court? I imagine that some are afraid of being detained or deported. Others may not have an attorney and are afraid to come to court alone. But I suspect the main reason people fail to appear is because they do not know about their hearing. Court dates are frequently changed, sometimes with little notice. For example, I was helping one person who checked his case status online on about May 7. The system showed that he had an MCH on June 5. He went to court on June 5, only to learn that sometime after May 7, his court date had been advanced and he had already been ordered deported. Now, he had to file--and pay the $1,065 government fee for--a motion to reopen his case, and then hope that the judge agrees to reopen!

Aside from messing with non-citizens directly, the new MCH policy seems designed to increase costs. If attorneys have to waste hours going to court, they will have to charge for this. Also, in-person hearings are more time consuming, meaning non-citizens will have to take additional time off from work or school, or find child care.

It is obviously quite frustrating to see yet another procedural rule weaponized against immigrants, but there are some steps you can take to protect yourself.

First, make sure your address is updated with USCIS and the Immigration Court. That will help ensure that you receive any notices about your case. Even if your case is currently closed, it is important to keep your address updated, so you receive a notice if the government reopens your case.

Second, check your case status online every week or so. That way, you will know if your court date changes (even if EOIR fails to send you a notice). This is a pain in the neck, but it is the best way to be sure that EOIR won't advance the hearing date and deport you before you know what happens.

Finally, if you can afford a lawyer, it is better to hire someone sooner rather than later. If the lawyer enters her name in your case, she will receive a notice if the court date changes. Also, if the lawyer has advance notice of the MCH, she may have enough time to request an online hearing or submit "written pleadings," which is where you do everything that you would normally do at the MCH, but in writing. Whether a particular judge will allow either of these options, I do not know, and it sounds like immigrants will need a good reason to avoid attending an in-person MCH.

Unfortunately, immigration rules and procedures are constantly changing, and it's often difficult to know what to do. But as the old saying goes, showing up is half the battle. So make sure that your address is updated and check your case status regularly. This will ensure that you can attend all your hearings, which is the first step towards winning your case.

Originally posted on the Asylumist: www.Asylumist.com