Max Herman/Borderless MagazineIllinois officials are demanding an end to “mega master” hearings in Chicago’s immigration court, where hundreds of people are being scheduled for hearings at the same time — often without lawyers. Here’s what immigrants should know.
Members of the Illinois congressional delegation are demanding an end to mega master hearings, which can put as many as 185 cases before one judge — often without lawyers.
“Mega master hearings are the latest effort to weaponize the immigration courts to facilitate mass removals,” Illinois lawmakers wrote in a letter to the Justice Department. “The administration is already placing extraordinary pressure on immigration judges to expedite the adjudication of cases without careful review.”
The hearings are often rescheduled on short notice, leaving clients more vulnerable to deportation by increasing the likelihood of missing hearings, according to Sam Cole, chief immigration litigation counsel at the American Civil Liberties Union (ACLU) of Illinois.
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Advocates and experts say these hearings are the latest tactic used by the Trump administration to make immigration courts part of their drive to deport as many people as quickly as possible by stripping them of their due process rights.
“They are more chaotic,” Cole said. “They are more crowded, and there’s just more risk of mistakes and ordering someone removed where they shouldn’t be.”
Borderless Magazine spoke with experts to understand how mega master hearings are scheduled, what immigrants should do if they are a part of one and what this could mean for the future of Chicago’s immigration court hearings.
What is a ‘mega master’ hearing?
Mega master hearings occur when immigration courts begin scheduling hearings for larger groups of people at once. As a result, some immigration courts have rescheduled hearings to earlier dates — in some cases without proper notice to individuals undergoing immigration proceedings.
Respondents are called for a hearing after the Department of Homeland Security (DHS) issues a notice to appear and files it with the immigration court, which assigns a date, time and location for the hearing. They can track whether the court has advanced or rescheduled the hearing using an online portal.
Clare Kirwan, of the Illinois Coalition of Immigrant and Refugee Rights (ICIRR), says that while respondents typically get the opportunity to have one-on-one conversations with the immigration judge to ask questions and respond to the charges against them, mega master hearings consist of larger groups approaching the immigration judge, with little to no time devoted to assessing individual circumstances.
Kirwan, an intern with the coalition’s watch program, noted that in a typical master calendar hearing, clients can have up to 20 minutes with a judge, with a maximum of 20 people in the courtroom. Now, she says, she’s seen around 75 people cram themselves into a courtroom.
“[Mega master hearings] are designed to maximize the number of people who don’t get their day in court and are ordered removed without ever actually appearing,” Cole said.
What is a master calendar hearing?
Master calendar hearings in immigration court are hearings people have at the beginning of their cases in immigration court, where immigrants are informed of their rights and responsibilities. The immigration judge verifies information, reviews the government’s charges and sets future court dates during this time. In these hearings, the immigration judge may determine whether people qualify to apply for relief like a green card or asylum, and schedule future hearings.
While many people may appear at the same time in the same court for a Master Calendar Hearing, the immigration judge typically calls people up one by one, said Jack Lloyd, who leads the Court Watch program and works alongside Kirwan at ICIRR. In mega master hearings, the judge instead addresses large groups of people at the same time. Individuals who miss their hearings oftentimes receive removal orders in their absence.
“Immigration court used to be a place where you would go and there would be a legal process, and the judge would be trying to give you a fair shake within the laws as written,” Lloyd said. “That is less and less the case.”
How do I know if I’m being placed in a ‘mega master’ hearing?
Cole says it is unlikely an individual will know if it is a larger group hearing ahead of the hearing.
Individuals in immigration proceedings should continue to check for a new hearing date as some courts schedule large hearings on short notice, or move existing hearings to earlier dates according to the Asylum Seekers Advocacy Project, which provides resources and information related to the asylum process.
“Unfortunately, you have the burden and the responsibility to figure out if your hearing date gets moved up,” Cole said.
Oftentimes, either the notice to appear in court is mailed to the wrong address, or it isn’t sent on time. Cole says respondents often don’t make it on time or make it to the wrong courtroom.
“This is designed to support the deportation efforts of the administration because the idea is that many people won’t show up to court,” Cole said. “Frequently, the reason they are not showing up to court is not their fault.”
What do I do if I’m part of a ‘mega master’ hearing?
Experts and advocates recommend arriving as early as possible for the hearing to prepare for security, and for the “chaotic” nature of the hearings, Cole said.
Additionally, individuals can ask for an interpreter if they don’t speak English or Spanish. Cole said that if they primarily speak another language, they should speak up and will get scheduled for a separate time, with an interpreter.
Cole advises clients to update their address. Clients who have moved should also provide a change of address form and continue to keep their address up-to-date, according to Cole. He says if they miss a notice of a new hearing date, the judge can order their removal in their absence.
Some experts warn against signing a pleading declaration form without speaking to an attorney. This form allows respondents to accept or challenge filed against them but without legal representation, it could lead to a loss of legal rights and faster deportations.
“After you take your pleadings, that is in your record that you admitted to being in the U.S. illegally or not having been paroled,” Kirwan said. “They might be instructed to admit to pleadings that are not actually true that end up hurting their ability to seek asylum later.”
The National Immigrant Justice Center (NIJC) recommends that respondents should prepare for a mega master hearing by:
- regularly checking their status online,
- monitoring case deadlines and notifying the court about any changes to their address
- and appearing in immigration court in person.
If I have an immigration court hearing scheduled, what other support could I receive?
NIJC’s Immigration Court Helpdesk provides free legal help to unrepresented immigrants at Chicago and Indianapolis immigration courts on a first-come, first-served basis. An individual can confirm the schedule, address and hours of services here.
Individuals who live outside Chicago or Indianapolis but have an immigration court hearing scheduled in either city can text the Helpdesk at (312) 660-1328.
What rights do I have if I am involved in a ‘mega master’ hearing?
All people, regardless of their immigration status, have rights in the United States under the U.S. Constitution.
According to the NIJC, respondents have the right to:
- know and respond to arguments the government makes against them,
- fight their case,
- a fair hearing and
- consult with an attorney prior to the hearing.
This story is for information purposes only. Borderless Magazine does not provide legal assistance or legal advice.
Tara Mobasher is Borderless Magazine’s newsletter writer and reporter. Email Tara at [email protected].
