Transactional Records Access Clearinghouse — ϲ Mon, 24 Jun 2024 15:25:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 Featured Media Coverage – June 2024 /blog/2024/06/24/featured-media-coverage-june-2024/ Mon, 24 Jun 2024 15:25:23 +0000 /?p=200940 ϲ thought leaders, events and research news were showcased in the following news outlets this month:

  • Robert Thompson (Newhouse): , , , ,
  • Carl Schramm (iSchool):
  • Osamah Khalil, (Maxwell): |
  • Gregory Germain (Law): |
  • Cameron Miller (Whitman):
  • Dennis Deninger (Falk):
  • Bill Werde (Newhouse):
  • Hamid Ekbia (Maxwell):
  • Thomas Constable and John Dean (Whitman):
  • Jun Li (Maxwell):
  • Alan Allport (Maxwell): I
  • Vanessa Marquette (University Communications):
  • Emily Thorson (Maxwell):
  • David Driesen (Law):
  • Lee McKnight (iSchool):
  • Jack Graves (Law):
  • J. Christopher Hamilton (Newhouse):
  • Lindsey Darvin (Falk):
  • George Theoharis (Education):
  • Austin Kocher (TRAC): ,
  • Jeffrey Karson (Arts & Sciences) and Robert Wysocki (Visual and Performing Arts):
  • Ryan Griffiths (Maxwell):
  • Robert Murrett (Law/Maxwell):
  • Pat Penfield (Whitman) : , , , ,
  • Sylvia Sierra (VPA) :
  • Lisa Manning (Arts & Sciences):
  • Roy Gutterman (Newhouse): , , I I
  • Jacob Bendix (Maxwell):
  • Jing Lei (Education):
  • Lauryn Gouldin (Law):
  • Dean Cole Smith (Engineering and Computer Science):

To get in touch and learn more about ϲ faculty members available for interviews, please contactmedia@syr.edu.

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‘Avalanche’ of recent immigration cases adds to record U.S. backlog, report finds /blog/2022/01/24/avalanche-of-recent-immigration-cases-adds-to-record-u-s-backlog-report-finds/ Mon, 24 Jan 2022 18:41:47 +0000 /?p=173042 , research assistant professor in the Newhouse School with the Transactional Records Access Clearinghouse (TRAC), was quoted in the Border Report story “” According to research from TRAC, there were a total of 1.59 million pending immigration cases at the start of 2022. This is the largest ever in U.S. history, which Kocher, an expert on federal immigration and detention, explained is a reflection of a “deluge of cases” since President Joe Biden took office.

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Asylum Grant Rates Increase Under Biden Administration /blog/2021/11/17/asylum-grant-rates-increase-under-biden-administration/ Wed, 17 Nov 2021 18:25:46 +0000 /?p=171101 Under the new Biden administration, asylum seekers are seeing greater success rates in securing asylum.

While the percent of immigrants who were denied asylum went up each year during the Trump administration to a high of 71 percent in FY 2020, they fell to 63 percent in FY 2021. Success rates grew from 29 percent to 37 percent under President Biden.

However, due to the pandemic, fewer asylum cases are being decided by immigration judges. This means fewer total asylum seekers actually won their cases despite this improving success rate. During FY 2021 just 23,827 asylum decisions were issued, down from 60,079 decisions during FY 2020. These statistics count all decisions rendered on the merits of asylum seekers’ claims.

Even with the greater odds of success, the number of asylum seekers who were granted asylum during FY 2021 was only 8,349 with an additional 402 granted another type of relief instead of asylum. In sheer numbers, this was only about half the number of asylum seekers who had been granted relief during FY 2020.

You can see the original published report on

Austin Kocher

is an assistant professor and researcher at the Transactional Records Access Clearinghouse (TRAC), a research institute that uses Freedom of Information Act requests to study the federal government. Key areas of Kocher’s current research at TRAC include federal immigration detention, enforcement, and deportation, the immigration court system, and trends within the federal criminal and civil courts.

“Our new detailed report on asylum cases decided in FY 2021 sheds new light on how the ongoing COVID-19 pandemic and the Biden administration have impacted the everyday functions of the immigration court system. For instance, we found that the success rate for asylum-seekers in immigration court has gone up since Joe Biden became president, even though the total number of people being granted asylum has actually declined since the Trump administration. We also found when it comes to understanding who gets asylum and why, key factors here include nationality and access to legal representation most important.”

To request an interview with Dr. Kocher, please contact Joshua Grossman, director of media relations, at jmgrossm@syr.edu or 202.227.9250

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What Is Causing the Rise in Immigrants Granted Asylum Under Biden Administration? /blog/2021/11/13/what-is-causing-the-rise-in-immigrants-granted-asylum-under-biden-administration/ Sat, 13 Nov 2021 22:13:40 +0000 /?p=172292 , research assistant professor at Newhouse with the Transactional Research Access Clearinghouse (TRAC), was featured in the Time Magazine piece, “.”

Kocher discussed the recent rise in immigrants being granted asylum under Biden’s presidency. He says, “The obvious inference is, oh, well this is because of Biden.” Kocher goes on to explain, ‘the Biden Administration has made no major policy changes that would influence how immigration judges rule in asylum cases.’ Kocher instead says that ‘the higher rate of asylum grants may be due to a confluence of factors.’

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What ‘Sensitive Locations’ Now Being Referred To As ‘Protected Areas’ Really Means /blog/2021/11/11/what-sensitive-locations-now-being-referred-to-as-protected-areas-really-means/ Thu, 11 Nov 2021 21:14:20 +0000 /?p=172121 , research assistant professor at Newhouse with the Transactional Research Access Clearinghouse (TRAC), wrote commentary for The Hill “.”

In Kocher’s commentary, he discussed the lack of protection being given to places like churches and other religious institutions, which are supposed to be ‘protected areas.’ He said, ‘On a positive note, this description does suggest that Mayorkas wants immigration enforcement officers to think contextually about the broader social impacts of immigration enforcement activities. I suppose if one wanted to be generous, this could be interpreted as a good thing. And it certainly appears to reaffirm and even expand the protections provided under the Morton Memo for immigrants seeking sanctuary.’

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TRAC research featured in article, “The debate over immigration often relies on murky assumptions about the law.” /blog/2021/09/22/trac-research-featured-in-article-the-debate-over-immigration-often-relies-on-murky-assumptions-about-the-law/ Thu, 23 Sep 2021 02:41:16 +0000 /?p=169201 Research on by the Transactional Research Access Clearinghouse was featured by The Washington Post article titled “.” The article reference’s TRAC’s immigration related data, which shows that “ released into the United States attend the eventual hearings, though given the backlog in immigration courts, that can be months or years away.”

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Migrant Protection Protocols Finally Come To An End /blog/2021/07/20/migrant-protection-protocols-finally-come-to-an-end/ Tue, 20 Jul 2021 22:38:19 +0000 /?p=167700 , research assistant professor at Newhouse with the Transactional Research Access Clearinghouse (TRAC), was interviewed by Mother Jones for the piece, “” He also provided expertise for the New York Times and NPR and was quoted in editorials for Border Report and The Daily Caller.

Kocher discussed the change in legislation regarding immigration from Mexico under the Biden Administration. Kocher provided data for this article highlighting that ‘Of the roughly 25,000 people who had pending cases at the time, more than 11,300 have entered the United States to continue asylum claims from here, according to the United Nations High Commissioner for Refugees and the Department of Homeland Security. They’ve transferred their cases to cities across the United States and, according to data from TRAC at ϲ, most MPP cases are being transferred to Miami, Orlando, Houston, Dallas, and San Antonio.’

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Sharp Drop in Asylum Seekers Allowed Into Country Under MPP, TRAC’s Data Show /blog/2021/06/17/sharp-drop-in-asylum-seekers-allowed-into-country-under-mpp-tracs-data-show/ Thu, 17 Jun 2021 19:11:19 +0000 /?p=166526 A from the Transactional Records Access Clearinghouse (TRAC), a research center at ϲ, shows that the number of immigrants whose cases transferred out of the Migrant Protection Protocols (MPP) dropped sharply in May. 4,476 MPP cases had been allowed into the country in April 2021. This fell to just 1,988 in May. In total, 10,375 individuals forced to remain in Mexico under MPP have been allowed into the country between January and May. Still 16,138 MPP cases—or 60% of the total—have not been permitted to enter the country.

The slowing of the transfer pace during May was unexpected because the fraction of MPP cases paroled into the country remains small compared to the total number of possible MPP cases. In fact, just under 40% of possible MPP cases have been transferred out of MPP courts according to court data.

chart depicting the number of MPP cases pending at the end of January transferred out of MPP courts by the end of May, 2021

Highlights from the report are below:

  • Overall, 40% of all people with pending MPP cases have been transferred away from the MPP courts—a total of 10,375 people.
  • 60% (16,138) pending MPP cases remain assigned to MPP courts along the US-Mexico border.
  • In May, 1,988 MPP cases transferred out of MPP courts, a sharp decline from April when 4,476 cases were moved out of MPP.
  • Not all ports of entry along the border are equal. Half of the pending cases from Brownsville, Texas, have been allowed into the country, while 23% of cases in Calexico have.
  • About half of the asylum-seekers from Venezuela (71%) and Cuba (58%) have been allowed into the country so far. Only 16% of asylum seekers from Brazil and 5% of asylum-seekers from Ecuador have entered the country.
  • 80 immigration courts across the country have received MPP cases. The most common immigration courts for MPP are: Miami, Florida (2,195 cases); Orlando, Florida (1,054 cases); Dallas, Texas (578); Houston, Texas (S. Gessner) (450); and Houston (Greenspoint Park) (403).
Austin Kocher portrait

Austin Kocher

is an assistant professor and researcher at TRAC, which uses Freedom of Information Act requests to study the federal government. Key areas of Kocher’s current research at TRAC include federal immigration detention, enforcement, and deportation, the immigration court system, and trends within the federal criminal and civil courts.

In response to today’s announcement, Kocher said:

“The sharp decline in the number of MPP cases transferred into the country could be due to a number of factors, but most importantly, it appears that the U.S. government and UNHCR in Mexico are reaching a limit on the number of people with pending MPP cases they can find to inform them of the change in policy under the Biden administration. The Biden administration also has yet to announce if and how they plan to address the more than 40,000 MPP cases that have already been closed. In practical terms, this means that even with over 10,000 asylum seekers in MPP allowed into the United States, the majority of MPP cases remain either in limbo or without any opportunity to be processed at this point.”

TRAC is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government

To request an interview with TRAC researchers, please contact:

Joshua M. Grossman ’03
Director of Media Relations, Division of Communications and Marketing
T 202.227.9250 | jmgrossm@syr.edu

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Migrant Protection Protocols Officially Ends /blog/2021/06/02/migrant-protection-protocols-officially-ends/ Wed, 02 Jun 2021 20:52:45 +0000 /?p=166301 In a , the Biden administration officially ended the Migrant Protection Protocols (aka “Remain in Mexico”) by memo Department of Homeland Security (DHS) Secretary Alejandro Mayorkas.

The (TRAC) a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending, and enforcement activities of the federal government

(TRAC) has been at the forefront of providing regularly-updated data and analysis on MPP since the start of the program in January 2019.Over 70,000 asylum-seekers were ultimately affected by MPP.

See all MPP cases at, including rates of attorney representation, nationality, month and year that each case began, court location, and the outcome of the case.

TRAC published several in-depth reports of MPP, often with findings that are more detailed that what is available in the public MPP tool above.

  • May 11, 2021–
  • April 26, 2021 –
  • April 21, 2021 –
  • October 20, 2020 –
  • December 19, 2019 –
  • August 26, 2019 –
  • July 29, 2019 –
Austin Kocher portrait

Austin Kocher

is an assistant professor and researcher at (TRAC), a research institute that uses Freedom of Information Act requests to study the federal government. Key areas of Kocher’s current research at TRAC include federal immigration detention, enforcement, and deportation, the immigration court system, and trends within the federal criminal and civil courts.

In response to today’s announcement, Kocher said, “Today’s announcement from Secretary Mayorkas that MPP is officially terminated represents the end of a controversial program that significantly changed how asylum cases were processed along the U.S.-Mexico border. TRAC’s data on MPP will remain a powerful and relevant public archive of this policy.”

To request an interview with TRAC researchers, please contact:

Joshua M. Grossman ’03
Director of Media Relations
Division of Communications and Marketing

T 202.227.9250
jmgrossm@syr.edu

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Over 8,000 Asylum Seekers Excluded Under the Trump Administration Permitted to Enter the Country Under Biden /blog/2021/05/11/over-8000-asylum-seekers-excluded-under-the-trump-administration-permitted-to-enter-the-country-under-biden/ Tue, 11 May 2021 19:14:58 +0000 /?p=165710 from the Transactional Records Access Clearinghouse (TRAC) at ϲ shows that the Biden administration is allowing asylum-seekers into the United States. A Trump-era program known as the “Migrant Protection Protocols” (MPP) forced asylum-seekers along the U.S.-Mexico border to wait for their hearings in dangerous parts of northern Mexico. The Biden administration is allowing many of those people to enter the country to pursue their asylum claims.

graph depicting the number of individuals with MPP Cases allowed to enter the U.S. under the Biden administration

A new report from TRAC based on the government’s own data shows that nearly a third of all of these cases have now been allowed into the United States. In total, 8,387 individuals forced to remain in Mexico under MPP have been allowed into the country by the end of April 2021. This is an acceleration from the end of March whenthat 3,911 migrants had been allowed in by the end of March 2021.

Highlights from the report include:

  • Overall, 32% of all people with pending MPP cases have been allowed into the country.
  • Not all ports of entry along the border are equal. Nearly half (44%) of the pending cases from Brownsville, Texas, have been allowed into the country while 20% of cases in Calexico have.
  • About half of the asylum-seekers from Venezuela (51%) and Cuba (46%) have been allowed into the country so far. Only 4% of asylum-seekers from Ecuador have entered even though they represent the fourth largest group of asylum-seekers with 2,557 pending cases.
  • Just 9% of migrants still in Mexico have an attorney. This doubles to 19% for migrants who have entered the country since Biden took office.
  • Nearly one-third (31%) of all MPP cases allowed into the country went to immigration courts in Miami and Orlando, Florida. Other top courts include courts in Texas (Dallas, San Antonio and Houston); Atlanta, Georgia; Los Angeles, California; and Arlington, Virginia.
  • 18,087 individuals with pending asylum cases have not yet entered the country.

is an assistant professor and researcher at TRAC, a research institute that uses Freedom of Information Act requests to study the federal government. Key areas of Kocher’s current research at TRAC include federal immigration detention, enforcement and deportation, the immigration court system, and trends within the federal criminal and civil courts.

Kocher, who worked on the report, says,“My main takeaway from this report is just how many invisible inequalities exist with the immigration system. Seeking asylum in the United States may seem like a straightforward process of coming and asking for sanctuary. But what we continue to see in the data is that people often experience the system very differently depending on where they are from or which court they are assigned to when they arrive. In many ways, asylum is not one single process but rather a lot of little processes that depend not just on the law but on who you are.”

series of pie graphs depicting the percent of pending MPP cases with representation

TRAC is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government

For members of the media seeking to request an interview with TRAC researchers, please contact:

Joshua M. Grossman ’03
Director of Media Relations, Division of Communications and Marketing
T 202.227.9250 | jmgrossm@syr.edu

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Immigration Law Professors Rely on TRAC’s Data to Call on Biden Administration to Reduce Immigration Court Backlog /blog/2021/05/05/immigration-law-professors-rely-on-tracs-data-to-call-on-biden-administration-to-reduce-immigration-court-backlog/ Wed, 05 May 2021 14:54:04 +0000 /?p=165279 A group of law professors are calling on Attorney General Merrick Garland to reduce the immigration court backlog which, according to the Transactional Records Access Clearinghouse (TRAC) at ϲ, currently stands at .

The explains that the growing backlog of immigration cases means that immigrants now wait, on average, 1,600 days for their hearing and creates “crushing caseloads” for judges who have, on average, 3,000 pending cases each.

The letter goes on to call on Garland to use his “broad discretionary authority” to “identify and defer the adjudication of nonpriority cases”—which would reduce the number of cases that are actively pending in the courts. “Less than 1% of current backlog cases are a priority,” the letter claims.

Austin Kocher portrait

Austin Kocher

is a faculty fellow with TRAC, a research institute that uses Freedom of Information Act requests to study the federal government. He says that this exercise of discretion would not be unusual.

“Law enforcement agencies of all kinds have broad discretion over how to prioritize resources to achieve their mission. If the Attorney General decided to put a pause on non-priority deportation cases, as the law professors are calling for, it would not end deportation by any means, but it could allow the courts to come up for air after years of drowning in cases. And given our up-to-date data on the courts, we would likely be able to quantify this change very quickly.”

of the immigration court backlog showed that during the Trump administration, the backlog grew from 542,000 cases to nearly 1.3 million. For additional context, view TRAC’s or .

Members of the media looking to request an interview with Kocher to gain more clarity on this issue may contact:

Joshua M. Grossman ’03
Director of Media Relations, Division of Communications and Marketing
T 202.227.9250 | jmgrossm@syr.edu

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“Border apprehensions, drought impacts, COVID vaccine demand.” /blog/2021/03/26/border-apprehensions-drought-impacts-covid-vaccine-demand/ Fri, 26 Mar 2021 18:59:50 +0000 /?p=165314 Research from the (TRAC) was cited the NPR piece “.” TRAC, which conducts research on immigration in the U.S. using records from Freedom of Information Act (FOIA) requests, found that the there is a growing backlog of immigration court cases that now exceeds 1.2 million cases.

 

 

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“For every extra dollar invested in the IRS, the government could be getting $6 back.” /blog/2021/03/25/for-every-extra-dollar-invested-in-the-irs-the-government-could-be-getting-6-back/ Thu, 25 Mar 2021 19:05:08 +0000 /?p=165321 Research from the (TRAC) was cited in The Washington Post story “.” The op-ed piece, written by Catherine Rampell, cites TRAC research on IRS audit rates which found “the number of IRS revenue agents — the auditors qualified to examine complex returns — has plummeted 43 percent over the past decade.”

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‘Biden Ends Policy Forcing Asylum-Seekers to ‘Remain in Mexico’–But for 41,247 Migrants, It’s Too Late /blog/2021/03/15/biden-ends-policy-forcing-asylum-seekers-to-remain-in-mexico-but-for-41247-migrants-its-too-late/ Mon, 15 Mar 2021 19:25:29 +0000 /?p=163523 Austin Kocher portrait

Austin Kocher

, research associate professor with the Transactional Records Access Clearinghouse (TRAC), wrote an op-ed for The Conversation titled “.” uses Freedom of Information Act requests to study the federal government, focusing particularly on matters of immigration.

Kocher explains that during the Trump administration, the Migrant Protection Protocols (MPP) policy was established, which effectively detained tens of thousands of migrants along the U.S.-Mexico border. Commonly known as the “Remain in Mexico” policy, MPP forced detained migrants back into Mexico to file for asylum rather than allowing them into the U.S.

While the policy’s name may come across as a safety measure, Kocher says that MPP really created a refugee crisis in Mexico. Kocher says that the lack of resources along the border led to the setup of many tent camps and Catholic shelters where migrants tried to safely wait while their cases were evaluated. President Biden suspended the Migrant Protection Protocols on his first day in office, allowing more than 15,000 migrants into the U.S. after being stuck in tent camps in Mexico. However, Kocher says that the border still “reopened too late for most of the 41,247 migrants whose cases were rejected while they remained in Mexico.”

TRAC research shows that during the MPP era, only 641 migrants were granted asylum, a rate of 1.5 percent. Compared to 40 percent of asylum-seekers having their cases granted before MPP, Kocher says the policy was extremely detrimental for those seeking asylum in the U.S. Kocher writes that not only did MPP reduce migrants’ chances of being granted asylum, but it often forced people into dangerous and life-threatening situations, including rape, torture, kidnapping and involvement with drug cartels in northern Mexico.

Kocher says that migrants had a difficult choice at hand during MPP, and that was to either stay in the camps with hopes of winning their case or lose their chance. For some, Kocher says the risk paid off. But for others, there will be no second chance, Kocher concludes.

To read his essay in its entirety, visit .

ϲ media relations team members work regularly with the campus community to secure placements of op-eds. Anyone interested in writing an op-ed should first review the University’s op-ed guidelines and email media@syr.edu.

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“Immigration by the Numbers: A Look at the Data.” /blog/2021/03/03/immigration-by-the-numbers-a-look-at-the-data/ Thu, 04 Mar 2021 03:43:47 +0000 /?p=164302 , research assistant professor in the Newhouse School with the Transactional Records Access Clearinghouse (TRAC), was interview for the Talking Immigration podcast episode titled “.” The episode highlights the immigration research that TRAC conducts, as well as Kocher’s perspectives on a variety of topics related to U.S. immigration.

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“Biden is allowing asylum seekers caught by Trump’s “Remain in Mexico” program to cross the border.” /blog/2021/02/22/biden-is-allowing-asylum-seekers-caught-by-trumps-remain-in-mexico-program-to-cross-the-border/ Mon, 22 Feb 2021 16:48:07 +0000 /?p=163119 Research from the (TRAC) was featured in Vox for the article “Biden is allowing asylum seekers caught by Trump’s “Remain in Mexico” program to cross the border.” TRAC focuses on creating access to government information for a variety of topics, including immigration. The new data shows that “more than 71,000 migrants have been subject to MPP over the lifetime of the program as of the end of January,” and the majority of those subject to the law are not being represented by a lawyer or have protection in the US.

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“At the border, confusion, anxiety and hope as U.S. unveils new process for asylum seekers.” /blog/2021/02/21/at-the-border-confusion-anxiety-and-hope-as-u-s-unveils-new-process-for-asylum-seekers/ Sun, 21 Feb 2021 16:54:51 +0000 /?p=163122 Research from the (TRAC) was featured in the Los Angeles Times for the article “.” TRAC seeks to encourage transparency by creating access to government data on a variety of topics, including immigration. Data from TRAC shows that the city of Ciudad Juarez in Mexico “has the largest number of pending MPP enrollees, more than 10,000,” so those under the program are eagerly awaiting the implementation of the new asylum application process.

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“Cautious Hope for Vulnerable Asylum Seekers Under ‘Remain in Mexico’ As the Biden Administration Announces Processing of Cases.” /blog/2021/02/12/cautious-hope-for-vulnerable-asylum-seekers-under-remain-in-mexico-as-the-biden-administration-announces-processing-of-cases/ Fri, 12 Feb 2021 06:19:04 +0000 /?p=162616 , research assistant professor in the Newhouse School with the Transactional Records Access Clearinghouse (TRAC), was quoted in the Time story “.” Kocher, an expert on immigration and asylum, says that the U.S. government is morally and legally responsible to provide individuals with the opportunity to apply for asylum in America. However, Kocher says this is difficult, as “DHS’s process for hearing these remaining cases relies on a virtual registration process that may actually exclude precisely those asylum-seekers who don’t have access to technology and who are the most in need of protection.”

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“Reversing Xenophobic Trump Policy, Biden to Allow 25,000 Asylum-Seekers Stuck in Mexico to Enter US” /blog/2021/02/12/reversing-xenophobic-trump-policy-biden-to-allow-25000-asylum-seekers-stuck-in-mexico-to-enter-us/ Fri, 12 Feb 2021 06:12:47 +0000 /?p=162613 , research assistant professor in the Newhouse School with the Transactional Records Access Clearinghouse (TRAC), was quoted in the Common Dreams story “.” Kocher, an expert on immigration, explains that while President Biden’s choice to allow thousands of asylum-seekers into the U.S. while awaiting their court hearings is a step in the right direction, DHS’s process for these hearing excludes many vulnerable people simply because of technology. “It remains a legal and moral imperative that the U.S. government abide by national and international refugee law and provide these individuals with an opportunity to request asylum,” Kocher says.

 

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“Murder, Heart Attacks, Suicide, COVID—Immigrants Are Dying in “America’s Waiting Room.”” /blog/2021/02/12/murder-heart-attacks-suicide-covid-immigrants-are-dying-in-americas-waiting-room/ Fri, 12 Feb 2021 06:02:21 +0000 /?p=162609 , research assistant professor in the Newhouse School with the Transactional Records Access Clearinghouse (TRAC), was quoted in the Mother Jones story “” Kocher, an expert on federal immigration detention and the immigration court system, has studied “death while waiting,” which refers to how the U.S. government plays a role in the death of immigrants by simply doing nothing. “If someone has been deported and killed, there definitely is some moral and ethical culpability on the United States for having done that,” Kocher says.

 

 

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The Transactional Records Access Clearing House (TRAC) featured in several news outlets /blog/2021/02/10/the-transactional-research-access-clearing-house-trac-featured-in-several-news-outlets/ Thu, 11 Feb 2021 02:21:17 +0000 /?p=162603 Research by the Transactional Records Access Clearinghouse was featured in several news outlets including, , , , , , , , . The , known as TRAC, is a data gathering, research and distribution organization at the University, focusing on actions of the federal government related to topics such as immigration and courts of law.

 

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“President Biden’s early immigration overhaul has overlooked one growing problem: A massive court backlog.” /blog/2021/02/04/president-bidens-early-immigration-overhaul-has-overlooked-one-growing-problem-a-massive-court-backlog/ Thu, 04 Feb 2021 15:27:21 +0000 /?p=162378 , research assistant professor with the Transactional Research Access Clearinghouse (TRAC) in the Newhouse School, was quoted by The Texas Tribune for the story “.” Kocher, who leads immigration research for TRAC, says that the backlog of immigration cases from the past few years prevents people from fully participating in society. “The immigration courts and the backlog are not a physical border wall, but it is a paper border wall,” Kocher says.

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Justice Delayed Is Justice Denied /blog/2021/02/03/justice-delayed-is-justice-denied/ Wed, 03 Feb 2021 19:34:23 +0000 /?p=162011 The news media are powerful players in the world of government transparency and public accountability. One important tool for ensuring public accountability is through invoking transparency mandates provided by the Freedom of Information Act (FOIA). In 2020, news organizations and individual reporters filed 122 different FOIA suits to compel disclosure of federal government records—more than any year on record according to federal court data back to 2001 analyzed by the .

FOIA is an indispensable tool of democracy because it requires the government to release records to the public. FOIA requesters often have to sue to get the government to comply with this law. However, as from the FOIA Project, part of ϲ’s (TRAC), shows, there is a growing backlog on adjudicating FOIA cases and delays in receiving public information. At the end of 2020, there were 1,683 FOIA cases pending in the federal courts, the highest on record. Many of those cases have been pending for over five years without a ruling.

Theis one of the most important groups of FOIA requesters and litigators. Delays on FOIA cases are effectively undermining the public’s right to know and hampering the news media’s ability to get information for timely stories. Because of these delays, for example, FOIA requesters seeking records about Trump administration policies often will not obtain them until long after President Trump has left office. And unless matters change, the same will be true for FOIA requesters seeking records about the new Biden administration’s policies.

Austin Kocher portrait

Austin Kocher

is a faculty fellow with TRAC, a research institute that uses FOIA requests to study the federal government. Key areas of Kocher’s current research at TRAC include federal immigration detention, enforcement and deportation, the immigration court system and trends within the federal criminal and civil courts.

Kocher offers the following perspective:

“FOIA is becoming undermined by endless delays. Federal officials increasingly ignore these deadlines, forcing FOIA requesters to take them to court. As a result, the number of FOIA lawsuits have been rising because federal agencies were often. Now we see that federal judges are increasingly failing to rule in a timely manner when requesters are forced to file suit to enforce FOIA requirements. This presents a significant barrier to government transparency and accountability.”

Members of the media looking to request an interview with TRAC researchers should contact:

Joshua Grossman
Director of Media Relations, Division of Communications and Marketing
T 202.227.9250 | jmgrossm@syr.edu

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“Cobb, Gwinnett end 287(g) immigration programs, work to build trust.” /blog/2021/02/02/cobb-gwinnett-end-287g-immigration-programs-work-to-build-trust/ Tue, 02 Feb 2021 15:21:24 +0000 /?p=162373 , research assistant professor with the Transactional Research Access Clearinghouse (TRAC) in the Newhouse School, was quoted by The Atlanta Journal-Constitution for the story “.” Kocher, who specializes in immigration research for TRAC, says that the program is about politics rather than safety, which is detrimental to immigrants. Kocher says “the 287(g) program is a failure” as there is a “pattern and practice of racial profiling.”

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“Immigration trackers want transparency, better data management; judges press for autonomy.” /blog/2021/01/29/immigration-trackers-want-transparency-better-data-management-judges-press-for-autonomy/ Fri, 29 Jan 2021 15:14:27 +0000 /?p=162370 , research assistant professor with the Transactional Research Access Clearinghouse (TRAC) in the Newhouse School, was quoted by Border Report for the story “.” Kocher, who leads research related to immigration data at TRAC, says that there were major management issues and inaccuracies when it comes to those applying for asylum. “The real problem is the American people and policymakers and American public should know and have a sense of how many people are applying for asylum relief and the outcomes of those cases. It’s really just a fundamental transparency and accountability issue and with those records missing it was presenting a very incomplete picture and potentially undermining the agency’s ability to monitor itself,” Kocher says.

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The State of the Immigration Courts /blog/2021/01/26/the-state-of-the-immigration-courts/ Tue, 26 Jan 2021 16:03:39 +0000 /?p=161598 Immigrant rights activists energized by a new Democratic administration and majorities on Capitol Hill are gearing up for a fresh political battle. A coalition of national advocacy groups announced anew campaign to help push through President Biden’s plan to open a citizenship pathway for up to 11 million people.

Austin Kocher portrait

Austin Kocher

is a faculty fellow with the Transactional Records Access Clearinghouse (TRAC), a research institute that uses Freedom of Information Act requests to study the federal government. TRAC research noted that when President Donald Trump assumed office, 542,411 people had deportation cases pending before the immigration courts. At the start of 2021, that number now stands at 1,290,766—nearly two and a half times the level when Trump assumed office just four years ago. Waiting in the wings are another 300,000+ cases that President Trump’s policy changes have decided aren’t fully resolved, but have not yet been placed back on the active docket.

Growth in Immigration Court Backlog During Trump Administration (Jan. 2017 vs. Dec. 2020)

Because of the pile-up of cases, many cases in the backlog were initiated by the Department of Homeland Security (DHS) years ago. Some were initiated by the Immigration and Naturalization Service (INS), before the formation after 9/11 of the DHS. The average wait for a hearing date is now 1,642 days or 54 months. This is based on the average number of days between the date of the Notice to Appear (NTA) and its currently scheduled next hearing date. With the continuing pandemic, it is possible that many hearings could be postponed further. This appears likely to occur until regular hearing schedules resume in all courts. As such, Kocher believes there is no way to deal with this large backlog in the immigration courts without some measure of reform.

“President Biden inherited an immigration court backlog of nearly —the largest in U.S. history and nearly 2.5 times higher than the last year of the Obama administration. Data suggests that solving this crisis begins in Immigration and Customs Enforcement, not in the courts,” Kocher says.

On average, the 1.3 million immigrants facing deportation currently wait 1,642 days or 54 months for their next court hearing.

“In recent years, the number of cases in the court backlog has become a kind of barometric reading for the immigration enforcement system. Higher numbers of pending cases puts increased pressure on immigration judges to hastily decide complex cases that often involve . The backlog also leaves immigrants in limbo for years, which may prevent them from obtaining legal status and may keep them separated from their families.”

Table depicting Average Wait Time Before Next Immigration Court Hearing Scheduled

Where Does the Biden Administration Go From Here?

This report provides a valuable baseline for the public about the state of America’s immigration court system at the start of a new administration. Not only do these data paint a picture of an immigration court overwhelmed by immigration cases from the Department of Homeland Security, most of which do not appear driven by criminal deportability grounds, but these data also illustrate the diverse cross-section of immigrants in the county, many of whom have been in the United States for years. TRAC will continue to monitor changes in the court’s backlog as the first 100 days of the Biden administration unfold, and in the months that follow. A free , updated monthly, allows the public to monitor these changes by state, immigration court, hearing location and nationality.

To request an interview with TRAC researchers, please contact:

Joshua Grossman
Director of Media Relations, Division of Communications and Marketing
T 202.227.9250 | jmgrossm@syr.edu

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‘When FOIA Goes to Court: 20 Years of Freedom of Information Act Litigation by News Organizations and Reporters’ /blog/2021/01/14/when-foia-goes-to-court-20-years-of-freedom-of-information-act-litigation-by-news-organizations-and-reporters/ Thu, 14 Jan 2021 16:06:01 +0000 /?p=161332 In 2020, news organizations and individual reporters filed 122 different Freedom of Information Act (FOIA) lawsuits to compel disclosure of federal government records. A new report by the , which aims to provide the public with timely and complete information about every instance in which the federal government grants or withholds records under FOIA, indicates this is more than any year on record according to federal court data dating back to 2001.

graph depicting FOIA cases filed annually by the news media from 2001 to 2020

A project of the University’s Transactional Record Access Clearinghouse (TRAC), the FOIA Project is a “FOIA accountability engine,” updated daily, that includes detailed information about every case that challenges government withholding in federal court. TRAC has started expanding coverage to decisions on FOIA administrative requests on an agency-by-agency basis.

“Journalists are a powerful force for government transparency and accountability, which is essential to a healthy democracy,” says Austin Kocher, research assistant professor with the Transactional Research Access Clearinghouse in the Newhouse School. “Each FOIA lawsuit we analyzed represents a case where the news media believed that the government was withholding records that should be available to the public—and many of them were successful. Our findings show that reporters increasingly leverage FOIA law to provide the public with timely information and independent news stories about how our government works at a time when federal government agencies seem more politicized than ever.”

FOIA Lawsuits by the Numbers; 698 total FOIA cases filed by news media from 2001-2020; 374 individual plaintiffs (257 individual reports/117 news organizations)

In fact, the media alone have filed a total of 386 FOIA cases during the four years of the Trump administration, from 2017 through 2020. This is greater than the total of 311 FOIA media cases filed during the sixteen years of the Bush and Obama administrations combined. The report, focuses on news media “FOIA litigants” (a.k.a. “FOIA plaintiffs”), including both traditional news organizations and alternative news sources when their primary purpose is to be a news source.

The FOIA Project’s analysis found that since Jan. 1, 2001, the news media has filed a total of 697 separate FOIA cases in federal court. Looking at these cases reveals 374 distinct plaintiffs, 117 news organizations and 257 individual reporters. A few key FOIA litigators rise to the top. The top ten filers make up less than 3 percent of all plaintiffs, yet they accounted for 281 of the 697 FOIA cases—40 percent of the total suits filed.

To view the list of top 10 FOIA litigators as well as a more expansive list of rising stars in the FOIA litigation community, view the FOIA Project’s . Using the FOIA Project’s unique dataset of FOIA cases filed in federal court, this report provides unprecedented and valuable insight into the rapid growth of media lawsuits designed to make the government more transparent and accountable to the public.

graph depicting First-Time FOIA litigators each year from 2001-2020

The complete, updated list of news media cases, along with the names of organizations and reporters who filed these suits, is available on the News Media List at .

 

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‘The Swamp That Needs Draining Now: It’s the Immigration Backlog ICE Created Through Indiscriminate Deportations’ /blog/2020/12/07/the-swamp-that-needs-draining-now-its-the-immigration-backlog-ice-created-through-indiscriminate-deportations/ Mon, 07 Dec 2020 15:07:52 +0000 /?p=160571 Austin Kocher portrait

Austin Kocher

, a research assistant professor and faculty fellow in the Transactional Research Access Clearinghouse, wrote an op-ed for the Daily News titled “.” Kocher’s research interests include the political and legal geographies of policing and immigration.

When president-elect Joe Biden’s administration takes office in January it will inherit an Immigration Court backlog of nearly 1.3 million deportation cases. Based on research from ϲ’s this backlog is the largest ever in U.S. history, despite many immigration judges being hired over the past three years.

Kocher says this data suggests that the problem stems not from the courts but rather in Immigration and Customs Enforcement, commonly referred to as ICE. While there is always a backlog of immigration cases, such a high number puts the lives and futures of immigrants at real risk. “The backlog also leaves immigrants in limbo for years, which may prevent them from obtaining legal status and may keep them separated from their families,” Kocher writes.

Additionally, Kocher explains that the COVID-19 pandemic has inflated the number of backlogged cases as courts were forced to cancel thousands of hearings while ICE continued to file new cases. “All this powerfully argues that the immigration court backlog is not primarily caused by the judges or their proceedings, but by ICE indiscriminately throwing more and more deportation cases into the adjudication machinery,” says Kocher. In the piece, Kocher argues that the only way for the incoming Biden administration to reduce the backlog is to work with ICE to limit the number of new cases filed.

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‘What’s Behind Trump’s Project to Defund ‘Anarchist Jurisdictions?” /blog/2020/10/29/whats-behind-trumps-project-to-defund-anarchist-jurisdictions/ Thu, 29 Oct 2020 18:27:18 +0000 /?p=159551

Austin Kocher

, Whitman Faculty Fellow in the Transactional Research Access Clearinghouse (TRAC), wrote an op-ed for The Hill titled “” Kocher’s research interests include the political and legal geographies of policing and immigration.

This fall President Donald Trump signed an executive order calling for the withholding of funds from so-called “anarchist jurisdictions.” It was later revealed that New York City, Portland, Oregon, and Seattle, Washington, were the specified “anarchist jurisdictions,” all of which saw extensive protests this summer.

In the piece, Kocher argues that President Trump’s attempts “to politicize federal funding through the notion of ‘anarchist jurisdictions’ is only the latest in a long line of strategies by political leaders to justify draconian policies by using imaginary legal geographies of disorder and chaos.”

Kocher, who is teaching an immigration course, , in spring 2021, draws parallels to the expansion of U.S.-Mexico border policing, as these similar attempts to create imaginary spaces of disorder have only worsened the situation.

“If he gets his way, Trump will turn his fictional world of ‘anarchist jurisdictions’ into reality, harming many people in the process,” Kocher writes.

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TRAC Provides Data for Government Research /blog/2019/12/15/trac-provides-data-for-government-research/ Sun, 15 Dec 2019 17:26:49 +0000 /?p=150426 Research conducted by (TRAC) was cited in the CBS News story “ TRAC is a data gathering, data research and data distribution organization at ϲ that provides the public with information on the staffing, spending and enforcement activities of the federal government.

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TRAC Data Cited in Asylum Story /blog/2018/05/25/trac-data-cited-in-asylum-story/ Fri, 25 May 2018 16:53:13 +0000 /?p=133728 Research from The Transactional Records Clearinghouse was recently used by several media outlets to discuss immigration and asylum cases within the United States. It was specifically used in a Los Angeles Times article entitled “How likely are asylum-seekers from Central American caravan to win their cases?”

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TRAC Research Shows Federal Senior Judges Carry a Growing Workload /blog/2015/07/13/trac-research-shows-federal-senior-judges-carry-a-growing-workload-33048/ Mon, 13 Jul 2015 17:46:37 +0000 /?p=82630 Nearly a quarter of all civil and criminal cases closed in the nation’s federal district courts last year were handled by senior judges who had retired but decided to keep on working, according to a by the Transactional Record Access Clearinghouse (TRAC).

Moreover, the size of the workload carried by senior judges last year was almost twice what it was two decades ago. In 1996, senior judges “terminated” 41,323 cases, or 14 percent of all civil and criminal matters. By 2014, the counts had jumped to 79,121 cases, 24 percent of the total.

The TRAC study found that while there is considerable year-to-year fluctuation, senior judge activity is up by nearly every metric: their numbers overall, the percentage of the judicial workforce they comprise and the average number of cases they are closing. In 1996, the 247 senior judges closed an average of 150 cases and made up 31 percent of all judges hearing cases. In 2014, there were 386 senior judges (38 percent of the total) who, on average, closed 205 cases during the year.

The core explanation for this change is simple: While the number of cases being funneled annually into the nation’s district courts has been steadily growing, Congress has for many years been reluctant to support the additional judgeships that have been regularly recommended by Chief Justice John Roberts and Chief Justice William Rehnquist before him. As far back as January 2003, Rehnquist cited “rising caseloads, too many judicial vacancies and too few authorized judgeships” as problems facing the courts.

The result of this gridlock is that the role of the senior judges in the basic operation of the courts has grown considerably.

In another finding from the TRAC analysis, there is considerable variation in the utilization of senior judges among the nation’s judicial districts. At the higher end, for example, there were 24 courts in which the senior judges processed more than a third of all the civil and criminal matters. The records also showed, however, there were 10 jurisdictions where senior judges dealt with 5 percent or less of the workload. This in large part reflects the fact that the number and percentage of senior judges serving in each district also varies considerably.

For court administrators, the growing role of senior judges is a nagging and well-recognized phenomenon. For example, David Sellers, a long-time public affairs person in the Administrative Office of the U.S. Courts, was recently asked whether the availability of senior judges had helped meet the challenge of the growing caseloads.

“Congress has not enacted an omnibus judgeship bill since 1990,” Sellers observed. “Courts that need additional judgeships and/or suffer from long-term unfilled judicial vacancies particularly benefit from the contribution of senior judges.”

The lingering nature of the concerns can be seen in the September 2013 testimony of Judge Timothy M. Tymkovich, chair of the Judicial Resources Committee of the Judicial Conference Committee. “To enable the judiciary to continue serving litigants efficiently and effectively, the judicial work force must be expanded.”

Thus the contribution of the growing number of senior judges in helping an overburdened system achieve its core goals is a genuine benefit. But their expanding role in the operation of the courts also highlights important questions and concerns, including whether growing politicization of the judicial confirmation process is affecting the basic operation of the federal courts. The basic nature of this continuing problem becomes clear when it is considered that while the Democrat-controlled White House does the nominating, the Republican-controlled Congress must approve those nominees. Congress also must approve new judgeships and the funds needed to fill them.

Where Are the Senior Judges?

Because of the complex mix of many factors—including judge ages, years of service and the character of district caseloads—the workloads that senior judges carry differ dramatically across judicial districts.

Ranking at the top in the 2014 list was the Western District of Kentucky, where three quarters (75.1 percent) of its civil closures and defendant sentencing were handled by senior judges. Other districts where senior judges played a significant role were Vermont (63.7 percent of closures), Washington East (52.8 percent) and Utah (50.8 percent).

In his interview with TRAC, Chief Judge McKinley of Western Kentucky was asked what it was like managing a court with such a large percentage of senior judges.

“Well, it’s interesting to be the chief judge to three former chief judges in the same district,” McKinley said, also noting that he was the only non-senior judge in his district for much of 2014. “That’s just a little bit different, but we make it work.”

Judge McKinley said that at national judicial conferences, concerns have been expressed “about the cost of providing space and staff to senior judges.” But he said those comments were often followed by remarks from judges in other districts “who say the seniors are essential to the management of the district’s caseload.”

Meanwhile, at the opposite end of the spectrum, there are three courts where the senior judges played no role—Delaware, Wyoming and North Dakota[4].

 

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TRAC Shines Light on Worst FOIL Offenders /blog/2015/03/12/trac-shines-light-on-worst-foil-offenders-62756/ Thu, 12 Mar 2015 14:25:49 +0000 /?p=77888 TRAC

Help the identify the worst violations of the by casting your vote for a case of withholding worthy of this dishonor.

In honor of , the FOIA Project invited six prominent experts—Charlie Savage of The New York Times, Jason Leopold of VICE News, Anne Weismann of Citizens for Responsibility and Ethics in Washington, David Sobel of the Electronic Frontier Foundation, Nate Jones of the National Security Archive and Chris Farrell of Justice Watch—to nominate a FOIA case they feel represents a particularly egregious example of improper withholding. They nominated cases in which government agencies either ignored or declined requests for documents on some of the most interesting and controversial topics of our time: the use of drones by the FBI in domestic surveillance, the Obama Administration’s targeted killing of American citizens abroad, the Edward Snowden leaks and others.

Which would you vote for? Check out all the case summaries and vote at . The voting opens today, on the eve of National FOI Day, and ends on the last day of Sunshine Week, Friday, March 20, when the FOIA Project will announce the “winner.” Follow the project on Twitter at #foiafail and #sunshineweek.

The FOIA Projectis administered by the (TRAC), a joint research center of the and the . The project gives the public free access to information about every case in which government has been sued under the FOIA since Oct. 1, 1997—more than 27,000 documents from 8,600 district and appellate court cases. It’s updated daily, and searchable by plaintiff, defendant, location and date of suit, as well as other factors.

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TRAC Co-Founder’s Groundbreaking Investigative Books Now Available Digitally /blog/2015/01/14/trac-co-founders-groundbreaking-investigative-books-now-available-digitally-86427/ Wed, 14 Jan 2015 19:22:41 +0000 /?p=75587

More than three decades ago, Random House published “The Rise of the Computer State,” ’s prescient book that predicted how computers would soon dominate politics, economics, law enforcement and the basic thinking of the American people. Long before the revelations of Edward Snowden, the book included a chapter on the National Security Agency that Burnham described as “the ultimate computer bureaucracy.”

The cover of David Burnham's book, "The Rise of the Computer State"

The cover of David Burnham’s book, “The Rise of the Computer State”

This groundbreaking book, and two others by Burnham, have now been released in digital versions, and are available through and , as well in Apple’s ibookstore, on Google Play and on Kobo Books. Print-on-demand versions will be available starting April 7.

Burnham is the co-founder and co-director of the , a research professor at the Newhouse School and a former investigative reporter with The New York Times who served on President Lyndon Johnson’s Crime Commission.

All three books received excellent reviews when first published. The Washington Post said that in “The Rise of the Computer State,” Burnham had applied his reportorial skills “to produce a perceptive examination of the machine that is more than any other changing the nature of the world in which we live, moving us with breathtaking speed in unpredictable and not always beneficial directions.”

The book was written as a warning about the dangers of computers to privacy and freedom, as well as a call for enhanced oversight. Because this call has been largely ignored, the book still serves as a rallying cry as well as a sad history.

Burnham’s two other books now available digitally are his detailed 1991 expose of the Internal Revenue Service, “A Law Unto Itself: Power, Politics and the IRS,” and his 1996 book, “Above the Law,” which explores the “secret deals, political fixes and other misadventures” of the Justice Department.

For the IRS book, Burnham used data furnished to him by , who had collected voluminous records on the IRS as part of her research and as a result of a lengthy Freedom of Information struggle with the agency. It was the beginning of the relationship that would lead Long, a professor of managerial statistics at the , and Burnham to co-found TRAC more than 25 years ago.

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New TRAC Service Tracks Performance of Federal Court Judges /blog/2014/10/14/new-trac-service-tracks-performance-of-federal-court-judges-15237/ Tue, 14 Oct 2014 17:40:40 +0000 /?p=72647 Researchers at ϲ have developed a data tool ( that provides strategic intelligence on more than 900 federal district court judges.

TRAC has recently added asdfasdfasdf.

TRAC has recently added a tool that provides information on more than 900 federal district court judges.

For the first time, the public can learn which judges handle the most civil court cases, and how long it takes for judges to close those cases. Users can analyze caseload and time-to-closure data by type of case, such as civil rights, product liability and immigration. The custom-built data application then automatically compares the findings for each judge to other judges in the same district and to the nation as whole.

The data tool, developed by the (TRAC) at ϲ, officially launched Oct. 14. On the same day, TRAC released a report with findings mined from the tool, which include:

  • Caseloads have jumped 28 percent in the past two decades while the number of federal judges has increased only 4 percent.
  • The time from when a civil matter is filed to when it is scheduled for trial has grown by 63 percent in the last 20 years.
  • There’s surprising variation in the caseloads of individual judges and for districts as a whole, and not always in ways that one might expect. For example, the rural Eastern District of Texas, which centers on the small city of Tyler, is the busiest district court per full-time judge in the country.

“Over and over again, history has shown us that a fair judiciary is essential for the maintenance of a functioning democracy,” says David Burnham, an associate research professor at the and TRAC’s co-director. “The Judge Information Center is dedicated to the belief that to assure this goal in the years ahead, the collection of independent, comprehensive and accurate information about the working of court system be expanded.”

The new data on civil matters is being added to TRAC’s existing Judge Information Center, which includes sentencing data for all federal criminal cases, as well tools to explore the practices of administrative immigration court judges. There has been considerable interest among lawyers, law schools, judges, public interest groups and others since the launch of the Judge Information Center’s criminal and immigration data service in 2012. Even the U.S. Justice Department subscribes.

The data behind the new tool comes from several sources, mixing publicly available data from the administrative office of the U.S. Courts with data TRAC has mined from the electronic court filing system known as PACER, as well as data obtained by TRAC from the Justice Department through a series of Freedom of Information Act requests and subsequent lawsuits.

“The work it takes to compile, structure and verify millions of records from disparate sources is considerable,” says TRAC Co-Director Susan Long, an associate professor at the . “We believe the results are worth it, with findings that provide researchers, journalists and lawyers unique insights into the least examined branch of government.”

The data tool’s top-level statistics can be accessed by anyone with an internet connection. Drill-down reports on each judge are available by subscription. TRAC employs a sliding scale based on an organization’s nonprofit status and size to make its data tools as accessible as possible.

Burnham and Long founded TRAC 25 years ago. It is one of the oldest independent organizations covering federal enforcement and federal judges. In addition to critical support from ϲ, TRAC has been funded by foundations including Carnegie, Ford, Knight, MacArthur, Rockefeller and the CS Fund.

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TRAC: Pending Immigration Court cases reach all-time high /blog/2010/10/22/trac-pending-immigration-court-cases-reach-all-time-high/ Fri, 22 Oct 2010 14:11:21 +0000 /?p=15631 According to a new analysis of data by the Transactional Records Access Clearinghouse (TRAC), the number of cases awaiting resolution before the Immigration Courts reached a new, all-time high of 261,083 matters by the end of September 2010. The case backlog has continued to grow—up 5.3 percent—since TRAC’s last report three months ago, and is more than a third higher (40 percent) than levels at the end of fiscal year2008.

For full details, view the report at: .

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

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TRAC: Federal water pollution convictions decrease in past decade /blog/2010/10/14/water-pollution/ Thu, 14 Oct 2010 14:02:15 +0000 /?p=15212 According to a new analysis of Justice Department data by the Transactional Records Access Clearinghouse (TRAC), during the first two years of the Obama administration, federal criminal convictions for water pollution remain lower than any year since the first Clinton administration. According to the latest information, there have been 23 convictions under “33 USC 1319-Water Pollution Enforcement” through July 2010, a 50 percent decrease from 10 years ago.

For details, view the full report at: .

According to TRAC, if this activity continues at the same pace, the annual total of convictions will be 28 for this fiscal year, down 12.5 percent over the past fiscal year when the number of convictions totaled 32.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

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TRAC: Asylum denial rates at 25-year low /blog/2010/09/03/asylum-denial-rates/ Fri, 03 Sep 2010 14:33:13 +0000 /?p=13148 According to a new analysis of Justice Department data by the Transactional Records Access Clearinghouse (TRAC), immigration judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century, according to TRAC’s fifth annual monitoring report focusing on the processing of asylum requests by these specialized courts.

In fiscal year (FY) 1986, almost nine out of 10 (89 percent) of such requests were declined. During the first nine months of FY 2010, only half were turned down.The analysis of hundreds of thousands of case-by-case records also found that the total number of asylum requests has been falling, that a higher proportion of asylum seekers are now represented by counsel and that judge-to-judge disparities in denial rates remain a pervasive problem.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

To read this latest report, go to: . Also available are 253 separate reports covering individual immigration judges, updated through June 2010. These reports examine each judge’s asylum denial rate year-by-year, providing rankings and other comparisons with the denial rates of other judges. For judge-by-judge listings, visit .

Over the past five years, this report series has been primarily supported by SU, the Carnegie Corporation of New York, the Ford Foundation, the JEHT Foundation, the New York Times Company Foundation, Public Interest Projects and the John S. and James L. Knight Foundation.

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TRAC: Immigration Court case backlog at all-time high /blog/2010/08/12/immigration-courts/ Thu, 12 Aug 2010 20:01:20 +0000 /?p=12483 According to a recent analysis of very timely court data by the Transactional Records Access Clearinghouse (TRAC), the number of cases awaiting resolution before the Immigration Courts reached a new all-time high of 247,922 matters by the middle of June 2010. The case backlog has continued to grow—up 2.1 percent—since TRAC’s last report three months ago, a third higher (33.1 percent) than levels at the end of fiscal year (FY) 2008. The average length of time cases have been waiting has increased to 459 days.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

TRAC’s latest report on the Immigration Courts can be viewed at . Released with this special report is an update to TRAC’s Immigration Court Caseload Tool, which provides a way to obtain case backlogs and waiting times in each state, court and hearing location. This information is also available by nationality. For the Immigration Court Caseload Tool, visit: .

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SU’s TRAC: ICE deporting more non-citizens than in Bush years /blog/2010/08/03/trac-ice-deporting-more-non-citizens-than-in-bush-years/ Tue, 03 Aug 2010 18:40:31 +0000 /?p=12304 According to a recent report by the Transactional Records Access Clearinghouse (TRAC), newly released figures from U.S. Immigration and Customs Enforcement (ICE) show that during the first nine months of fiscal year (FY) 2010, more non-U.S. citizens were removed from the country than during any similar period in the administration of President George W. Bush.

In the first nine months of FY 2010, ICE investigations resulted in the removal of 279,035 individuals compared to 254,763 in the same nine month period during the final year of the Bush administration.

For TRAC’s full report on these removals, visit .

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

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TRAC: U.S. federal immigration prosecutions trending upward /blog/2010/06/16/trac-2/ Wed, 16 Jun 2010 19:18:57 +0000 /?p=11352 After several months of moderation, U.S. federal immigration prosecutions have returned to the high levels of last summer, according to an analysis of data by the Transactional Records Access Clearinghouse (). According to the most recent figures released by the Department of Justice, there were 8,287 immigration prosecutions in March 2010, up 30 percent from February, and more than in any month since July 2009.

Overall, a total of 15,830 prosecutions were reported, representing a jump of 37 percent from the previous month. Increases were seen not only for immigration matters, but also for other categories: drugs, white color crime, organized crime, weapons and terrorism cases.

TRAC is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

For the latest information on immigration prosecutions and convictions so far in FY 2010, visit: . In addition to reports by program category, TRAC offers free reports on the enforcement activities of selected government agencies such as the IRS, FBI, DHS and DEA.

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TRAC: Pending Immigration Court cases reach an all time high /blog/2010/05/24/immigration-backlog/ Mon, 24 May 2010 17:29:26 +0000 /?p=10893 The number of cases awaiting resolution before the Immigration Courts reached a new all time high of 242,776 matters at the end of March 2010, according to an analysis of timely court data by the Transactional Records Access Clearinghouse (TRAC). The case backlog has continued to grow—up 6.3 percent—since TRAC’s last report four months ago, and is nearly a third higher (30.4 percent) than it was a mere 18 months ago. The average length of time cases have been waiting increased to 443 days.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

TRAC’s latest report on the Immigration Courts can be viewed at .

Released with this special report is an update to TRAC’s Immigration Court Caseload Tool, which provides a way to obtain case backlogs and waiting times in each state, court and hearing location. This information is also available by nationality. For the Immigration Court Caseload Tool, visit .

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TRAC: As terrorism prosecutions decline, extent of threat remains unclear /blog/2010/05/18/trac-as-terrorism-prosecutions-decline-extent-of-threat-remains-unclear/ Tue, 18 May 2010 14:55:13 +0000 /?p=10765 According to an analysis of Justice Department data by the Transactional Records Access Clearinghouse (TRAC), the dramatic post 9/11 surge in prosecutions that the government categorized as terrorism has undergone a four-fold decline. The data show that terrorism and internal security filings in court have dropped from an average of about 100 a month at their peak, shortly after the attacks, to a current level of just under 25 a month.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

The most recent available information shows that in January 2010 there were only 11 such prosecutions while in February there were 13. The data on the instances of terrorism prosecutions for the nation as a whole are compiled by the Department’s Executive Office for United States Attorneys (EOUSA) on the basis of data regularly submitted to it by each of the 94 U.S. Attorney offices.

The long, slow slump in these prosecutions during the last eight years contrasts starkly with what happened in the period immediately after the September 11, 2001, attacks when there was an extraordinary ten-fold growth spurt in these matters.

In explaining the sharp shifts, the report notes that increases and decreases in arrests or prosecutions in a particular criminal area often are not related to changes in the actual threat. Instead the shifts in official actions such as arrests or prosecutions are determined by the number of available investigators or the adoption of new enforcement policies.

To read the full report, visit .

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TRAC: Federal prosecutors along U.S. Southwest border overwhelmed by soaring drug cases /blog/2010/04/20/drug-prosecution/ Tue, 20 Apr 2010 16:55:10 +0000 /?p=9657 According to the Transactional Records Access Clearinghouse (TRAC), federal prosecutors along the United States’ border with Mexico—many already strained by the rise in their immigration caseloads—are facing a new challenge: how to handle a sharp jump in drug cases. The extent of this problem can be seen in U.S. Justice Department data analyzed by TRAC showing that during the first four months of fiscal year (FY) 2010, drug cases in this region had surged by almost a third (30 percent) from what they were just 16 months ago and were up by 7 percent over levels at the end of FY 2009.

This sharp regional increase is in stark contrast with the national pattern where drug prosecutions for the rest of the country have been steadily declining for a number of years, with the first four months of FY 2010 down by 17 percent since FY 2008 and down 12 percent from last year.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

The drug enforcement surge in the Southwest varied among the five federal districts, with Arizona showing the sharpest growth and the prosecution rate in California South (San Diego) actually declining.

For this latest data, visit .

In addition to the most recent figures on drug prosecutions, TRAC continues to provide additional free reports on a wide range of current enforcement trends at , with information on prosecutions and convictions so far in FY 2010 in the areas of immigration, drugs, white collar crime, official corruption and more, including reports on the enforcement activities of selected government agencies such as the IRS, FBI, DHS and DEA.

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TRAC report shows IRS audits of nation’s largest corporations have decreased /blog/2010/04/12/corporation-taxes/ Mon, 12 Apr 2010 15:24:24 +0000 /?p=9177 A new Transactional Records Access Clearinghouse (TRAC) report, based on data extracted from the Internal Revenue Serviceunder the Freedom of Information Act, shows that in the face of growing federal deficits, the agency’s audits of the nation’s largest corporations have sharply dropped in the last few years.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

The report notes that the decline in audits of large corporations is surprising because 1) the highest levels of misreported tax dollars per auditor hour are found among the biggest business organizations and 2) since fiscal year (FY) 2005, Congress has provided the IRS with the funds it needs to hire an increasing number of revenue agents trained to handle these very complex returns.

One key TRAC finding is that for corporations with assets of $250 million or more, the IRS in the last five years has cut back on the number of audit hours by 33 percent. In FY 2005, the returns of 43 out of 100 of these large businesses were audited. In FY 2009, the audit rate had dropped to 25 out of 100. A key outcome is that more and more of the largest corporations are not being audited at all.

The full report is available at .

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TRAC releases annual report on IRS operations /blog/2010/04/01/trac/ Thu, 01 Apr 2010 13:34:46 +0000 /?p=8695 The Transactional Records Access Clearinghouse (TRAC) has released the latest edition of its annual report on the operations of the Internal Revenue Service. A special feature of this year’s report is TRAC’s Taxpayer Returns app, a sophisticated new research application that allows all Americans to easily examine the kinds of income flowing to the taxpayers in every state and the more than 3,000 counties in the nation. This multi-lens prism helps identify changes in overall income trends since 1991, spot unusual community contrasts, and zoom in on particular communities.

is a data gathering, data research and data distribution organization at ϲ. The purpose of TRAC is to provide the American people—and institutions of oversight such as Congress, news organizations, public interest groups, businesses, scholars and lawyers—with comprehensive information about staffing, spending and enforcement activities of the federal government.

The annual report also includes TRAC’s “U.S. Code tool.” For prosecutions recommended by the IRS, the U.S. Code tool provides quick access to a list of the most frequently cited lead charges that eventually led to formal charges or convictions. Also available from this area is the complete text of each law and maps showing where in the country there was a resulting prosecution or conviction.

“Graphical Highlights” shows current national enforcement trends for corporate and individual audits, along with information about levies, liens and seizure activities. And TRAC’s newly updated “District Enforcement” section provides detailed maps and ranking tables that focus on referrals, prosecutions, convictions and other matters in each of the 90 federal judicial districts.

TRAC’s new annual report on the IRS can be viewed at . To go directly to the new research report on county taxpayer returns—adjusted gross income, wages and salaries, interest income, dividend income and exemptions claimed on individual tax returns—visit .

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