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are dismissed and deportation order is laid against them, I'm not sure that presents 'no greater risk'.

Same risk of unemployment as anybody else with the person's skills and location, but risk of deportation's an add on. If there's a 15 year backlog in adjudication, sure, but if the government gets its act together and let's that speedy-trial business slosh over to administrative courts that injustice wouldn't occur. (Sometimes me thinks the wrenches in the works are a feature and not a bug.)

Our Congress set up a Title II court, not a Title III court, for all but final appeals. And those seldom get much traction in the Title III courts (whether under Bush II, Obama, Trump 1.0 or Biden), or at least didn't until it became a hot button issue in the last 18 months.