The programme - known as the “Migrant Protection Protocols” (MPP) - has forced tens of thousands of people to wait in Mexico for U.S. Court dates, swamping the dockets and leading to delays and confusion as Judges and staff struggle to handle the influx of cases.

A U.S. Immigration Official told a group of congressional staffers that the programme had “broken the courts,” according to two participants and contemporaneous notes taken by one of them. The Official said that the Court in El Paso at that point was close to running out of space for paper files, according to the attendees, who requested anonymity because the meeting was confidential.

Theresa Cardinal Brown, a former Department of Homeland Security official under Presidents Barack Obama and George W. Bush, said the problems are “symptomatic of a system that’s not coordinating well.”

“It’s a volume problem, it’s a planning problem, it’s a systems problem and it’s an operational problem on the ground,” said Brown, now a director at the Bipartisan Policy Center think tank.  “They’re figuring everything out on the fly.”

U.S. Customs and Border Protection (CBP) estimated that 42,000 migrants had been sent to wait in Mexico through early September. That agency and the Executive Office for Immigration Review (EOIR), which runs the nation’s immigration courts, referred questions about the programme’s implementation to the Department of Homeland Security (DHS), which did not respond to requests for comment.

The dysfunctionality is the result of a surge in migrants, most of them Central Americans, at the U.S. Southern border, combined with the need for intricate legal and logistical arrangements for MPP proceedings in a limited number of courts - only in San Diego and El Paso, initially. Rather than being released into the United States to coordinate their own transportation and legal appearances, migrants in MPP must come and go across the border strictly under U.S. custody.

Some migrants have turned up in Court only to find that their cases are not in the system or that the information on them is wrong, several attorneys told Reuters. Others, like Katia, have received conflicting instructions.

The seriousness of the situation can be understood by the following case:

On the day she was set to see a U.S. immigration judge in San Diego last month, Katia took every precaution.
After waiting two months in Mexico to press her case for U.S. asylum, the 20-year-old student from Nicaragua arrived at the border near Tijuana three hours before the critical hearing was scheduled to start at 7:30 a.m.
But border agents didn’t even escort her into the U.S. port of entry until after 9 a.m., she said, and then she was left stranded there with a group of more than a dozen other migrants who also missed their hearings.
“We kept asking what was going on, but they wouldn’t tell us anything,” said Katia, who asked to be identified by her first name only for fear of jeopardising her immigration case.
Bashir Ghazialam, a lawyer paid for by Katia’s aunt in the United States, convinced the judge to reschedule her case because of the transportation snafu. Later, staff at the lawyer’s office learned that at least two families in the group were ordered deported for not showing up to court.
Since it started in January, the rollout of one of the most dramatic changes to U.S. immigration policy under the Trump administration has been marked by unpredictability and created chaos in immigration courts, according to dozens of interviews with judges and attorneys, former federal officials and migrants.
As per Court documents, Katia’s notice to appear stated that her hearing was at 7:30 a.m., while another paper she received said she should arrive at the border at 9 a.m., well after her hearing was set to start. She decided to show up at the border before dawn, according to staff in her lawyer’s office. Still, she wasn’t allowed into the border facility until hours later. Ultimately she was never bussed to the San Diego court and was told her case was closed - a fate she was able to avoid only after frantically summoning her lawyer, Ghazialam, to the border.
Most migrants in MPP - including the two families who were deported from her group at the port of entry - do not have lawyers.

In open Court, Judges have raised concerns that migrants in Mexico - often with no permanent address - cannot be properly notified of their hearings. On many documents, the address listed is simply the city and state in Mexico to which the migrant has been returned.

Lawyers say they fear for the safety of their clients in high-crime border cities.

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