Month: October 2020

Miami immigration court to reopen its doors Monday

The Miami immigration courthouse will reopen Monday more than six months after shutting its doors and as COVID cases continue to rise in the state.

In an announcement Thursday, the Executive Office for Immigration Review, a sub-agency of the United States Department of Justice whose chief function is to conduct deportation proceedings in immigration courts, said the government will resume in-person hearings. Face masks will be required in all waiting rooms, corridors and courtrooms, the statement said. Children under 2 and people with certain medical conditions that prevent them from wearing a mask are exempt.

The sudden reopening of the Miami immigration courthouse — located at 333 S. Miami Ave. — comes as COVID-19 cases rose to the most Florida has tallied in a single day since Sept. 19, according to the Florida Department of Health. The single-day case count on Thursday — 3,356— is the most Florida has reported since mid-September, bringing the state’s known case total to 744,988 and resident death toll to 15,736.

Announcements of court closings were made via midnight tweets without any explanation — even to court staff — on how the government was selecting which courts to keep open. The court was ultimately partially closed; it remained open for administrative filings and very limited hearings for people held in Immigration and Customs Enforcement detention centers.

Screen Shot 2020-10-15 at 12.28.23 PM.png
Immigration Court Case Completions by Month, January – July 2020. TRAC 2020 / SYRACUSE UNIVERSITY

The partial shutdown of the national immigration court system in the wake of COVID-19 has impacted hundreds of thousands of immigrants awaiting their day in court. As the country’s case backlog surpassed 1.2 million due to canceled or postponed hearings, immigrants will face delays of months or years, according to federal data released in late August.

Monthly case completions before the March shutdown in January and February 2020 were running at roughly 40,000. However, during the period from April 2020 to July 2020 they fell precipitously to less than 6,000 a month — a historic low, according to researchers who analyze immigration data at Syracuse University. In July 2020, only 5,960 cases were completed, federal data shows.

Despite the backlogs and closures, Miami led the list with 216 case completions in July 2020. Only one other court location — Baltimore, Maryland, completed at least 200 cases.

While the shutdown nationwide caused immigration judges’ productivity to plummet, data shows that as of May, ICE filed more than 100,000 new immigration cases nationwide during just the first two and a half months of the shutdown, contributing heavily to the backlog.

Florida Amended Lease Requirements – Bill Signed into Law!

At the beginning of the year, the Florida legislature passed a bill amending Florida Statutes § 689.01 which eliminated the requirement of having two witnesses for the execution of a lease on real property.

On June 27, 2020, Florida Governor Ron DeSantis signed House Bill 469 into effect, and it became law on July 1, 2020. The Bill amends Florida Statute §689.01 by removing the requirement that two witnesses must be present for a commercial or residential property lease to be valid. Prior to the amendment of the Statute, each of the parties were required to have two witnesses present when signing a lease for a term of more than one year. The House Bill provides that subscribing witnesses are no longer required to validate instruments conveying or pertaining to a lease of real property.

Under the new amended law, which is now in effect, no subscribing witnesses will be required for leases of real property in Florida.

While this change in the law is small, it is widely welcomed. The removal of the witness requirement improves the speed and efficiency of transactions by making electronic lease signatures much more easily obtainable. This not only has the potential to save time in the execution of leases by allowing a lease to be signed by just the two parties, it also removes one potential pitfall to invalidating a lease.