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Government Shutdown May Turn a Day in Court Into a Four-Year Wait

A 61-year-old man from the Dominican Republic has been waiting for his day in federal immigration court since the 1980s, unable to visit his dying mother back home or, in recent years, legally hold a job. His trial was finally to come next week.

But because of the federal government shutdown, he stands to lose his precious court date.

In the backlogged immigration courts, that is likely to mean not just a few more weeks of waiting, but a few more years. Migrants like this man — who asked to be identified only by his first name, Jose, for fear of repercussions in court — are being sent to the back of the line, with their new court dates coming as late as 2022.

From furloughs at the Justice Department to confusion in the courts, to prison officers working without a paycheck, the shutdown has challenged the nation’s courts and criminal justice system and those whose livelihoods depend on them.

Federal district courts are still operating because they have revenue from court fees and other sources aside from congressional appropriations. But those funds may run out as soon as next Friday, leaving it up to judges to decide which cases are critical and must be heard and which will be delayed. Criminal cases are likely to be prioritized.

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At federal prisons, which employ roughly 36,000 people, corrections officers who struggle during normal times to cover their bills are now expecting that next week’s paycheck will not arrive.

Eric Young, the national president of prison locals for the American Federation of Government Employees, said he had heard from one prison worker in Florida who needs $200 for his supply of insulin injections. “People are having to decide whether to keep the lights on or pay for their insulin,” Young said.

Probably no system is feeling the shutdown as much as the overburdened immigration courts, where there are more than 800,000 cases pending. Most of these courts, except those that hear the cases of those currently in detention, are now closed because of the shutdown.

As a result, the impasse over the Trump administration’s demand for a border wall to halt illegal immigration will result in long delays in deportations for those who are already here but ultimately lose their cases.

This article originally appeared in The New York Times.

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