Secretary of Homeland Security Alejandro N. Mayorkas and Attorney General Merrick B. Garland have announced a new Recent Arrivals (RA) Docket process to expedite the resolution of immigration cases for certain noncitizen single adults who attempt irregular crossings between ports of entry at the Southwest border. The Departments of Homeland Security (DHS) and Justice aim to swiftly impose consequences, including removal, on those without a legal basis to remain in the United States and grant immigration relief or protections more promptly to noncitizens with valid claims.
"Today, we are instituting with the Department of Justice a process to accelerate asylum proceedings so that individuals who do not qualify for relief can be removed more quickly and those who do qualify can achieve protection sooner," said Secretary Mayorkas. "This administrative step is no substitute for the sweeping and much-needed changes that the bipartisan Senate bill would deliver, but in the absence of Congressional action we will do what we can to most effectively enforce the law and discourage irregular migration."
The Justice Department also submitted a final rule to the Federal Register aimed at promoting efficient case and docket management in immigration proceedings. "The Justice Department’s immigration courts are committed to the just and efficient enforcement of the immigration laws," said Attorney General Garland. "These measures will advance that mission by helping to ensure that immigration cases are adjudicated promptly and fairly."
In light of an overwhelmed immigration system where noncitizens arriving at the U.S. Southwest border often wait years before receiving a final decision in an immigration court proceeding, this initiative aims to address insufficient resources, including a lack of immigration judges and attorneys, which has impeded swift resolution of claims.
Under this new process, DHS will place certain noncitizen single adults on the RA Docket, prioritizing their cases for adjudication by Executive Office for Immigration Review adjudicators. This procedure will be implemented in five cities: Atlanta, Boston, Chicago, Los Angeles, and New York City. The goal is to render final decisions within 180 days, subject to case-specific circumstances and due process guarantees.
The Justice Department also submitted a final rule titled, Efficient Case and Docket Management in Immigration Proceedings, to the Federal Register. This rule codifies procedures for immigration adjudicators nationwide to manage their dockets and resolve cases efficiently.
Finally, the Departments continue to urge Congress to pass the Senate’s bipartisan border security legislation. If passed, it would provide DHS and the Justice Department with additional authorities and resources, including more immigration judges, additional asylum officers and support staff, and needed authorities to more quickly adjudicate asylum cases.