A System at a Breaking Point
The U.S. immigration system is overwhelmed, and families are paying the price. As of March 2025, nearly 3.7 million immigration cases remain pending across the country. That number continues to rise every month. People are waiting over 600 days, on average, just to have their case heard.
These delays affect real people. Children, parents, and caregivers are left in uncertain situations, trying to find safety, maintain stability, and plan for the future.
What We’re Seeing in Nebraska
On June 10, almost 100 people were detained across Nebraska in a single day of ICE enforcement actions. These events disrupt entire communities. They affect schools, workplaces, and households, often leaving children without caregivers or support.
Omaha’s immigration court, which serves both Nebraska and Iowa, is one of the most backlogged in the nation. Only three immigration judges are assigned to over 26,000 active cases. The denial rate for asylum seekers in Omaha hovers around 96 to 97 percent. These numbers tell a story of strain, delay, and a legal system that too often leaves families in limbo.
The Overlap with Family and Juvenile Law
Although we do not practice immigration law, we often support families in custody, guardianship, and juvenile court matters where immigration status plays a role. These legal systems affect each other in ways that can complicate outcomes and heighten risk for families already under stress.
Here are some common intersections:
Custody and Visitation
A parent’s immigration status may influence a custody arrangement, especially if travel restrictions or fear of removal affect the ability to exchange children or maintain parenting time.
Guardianship and Adoption
A relative or caregiver who is undocumented or waiting on status may face challenges when trying to gain guardianship or complete an adoption.
Special Immigrant Juvenile Status (SIJS)
Undocumented youth involved in juvenile court may qualify for SIJS, a form of legal protection that requires specific findings in family court. When court delays prevent timely decisions, young people may lose the chance to apply before they turn 18.
When immigration status creates added barriers in family court, the result is often uncertainty and instability for children. That is why understanding both areas of law is so important, even if they are handled separately.
What Needs to Change:
The core issues are clear. Nebraska families need better access to interpreters, qualified legal support in both systems, and faster processing of court decisions. Immigration court delays make it harder for family courts to deliver timely outcomes. The current system does not give families the consistency and fairness they deserve.
Despite the growing backlog, federal and state leaders have not made major improvements. As a result, more families are stuck in the middle of systems that are difficult to understand and slow to respond.
How Families Can Protect Themselves:
If your family includes individuals with mixed immigration status, or if a child in your care is impacted by immigration-related delays, there are steps you can take during a family or juvenile court process:
Work with an attorney who understands how immigration status can affect custody, guardianship, and juvenile court cases.
Keep key documents organized, including court records, birth certificates, and school records.
Learn about SIJS and other child-centered protections that may apply in juvenile court.
Know your rights in court and in any interaction with immigration enforcement. You are not required to speak to ICE without legal counsel, and you have the right to be treated fairly.
We’re Here to Help
We regularly work with families across Nebraska whose legal matters in family or juvenile court are impacted by immigration status. Whether you are trying to protect a child, maintain custody, or complete a guardianship, we can help you understand how immigration issues may affect your case and support you through the family law process.
Legal systems are often not designed with families in mind.
But we are.
Have Questions or Need Support?
We help families facing legal challenges in custody, guardianship, and juvenile court. If immigration status is creating added complications in these areas, we can work with you to understand your options and protect what matters most.
Reach out to schedule a consultation or learn more: https://www.mcgilllawyers.com/contact
About the Author
Krista Holzworth is an Associate Attorney at McGill Law. Her practice includes family law, paternity, custody and parenting plans, child support, modifications, and juvenile court matters such as guardianship, protection orders, and SIJS findings. Krista approaches every case with empathy, clarity, and a commitment to helping families feel supported and informed throughout the legal process.