The Biden administration has announced a new program aimed at expediting the asylum cases of certain migrants who enter the U.S. illegally along the border with Mexico. This joint initiative between the Department of Homeland Security and the Justice Department intends to shorten the time it takes for immigration judges to decide on asylum applications. By placing migrant adults in the program, the government hopes to grant asylum to those with legitimate cases more quickly and reject weaker cases that do not qualify for humanitarian protection.
The backlog of cases in the immigration courts has grown over the years, resulting in wait times that can exceed four years. With fewer than 800 immigration judges handling over 3.5 million unresolved cases, the system is overwhelmed. Single migrant adults residing in major U.S. cities such as Atlanta, Boston, Chicago, Los Angeles, and New York City may be selected for the new process, which will aim to have judges make decisions within 180 days, significantly shorter than the current timeline.
Similar to programs established during the Obama administration, the new initiative is often referred to as a “rocket docket.” While officials argue that these programs discourage illegal immigration, advocates claim that they limit migrants’ due process rights by making it harder for them to secure legal representation in time for their hearings. The number of migrants who will be included in the fast-track proceedings was not disclosed, but ten judges have been assigned to the program to handle the cases.
President Biden’s administration has taken several measures to address the surge in unlawful border crossings, including implementing a regulation that presumes migrants ineligible for asylum if they enter the country illegally after failing to request refuge in another country. The administration has also proposed a rule that would expedite the rejection and deportation of asylum-seeking migrants deemed to pose a threat to public safety or national security. Additionally, Biden is considering a broader measure that would further limit asylum for those entering the U.S. illegally, potentially facing legal challenges.
The administration’s actions come amidst the collapse of a border security agreement that was previously negotiated with senators from both parties earlier in the year. While this agreement aimed to restrict asylum and increase deportations without legalizing unauthorized immigrants, it was rejected by many Republicans, including former President Donald Trump. Homeland Security Secretary Alejandro Mayorkas stated that while administrative steps are being taken to enforce the law and deter irregular migration, they are not a substitute for comprehensive legislative changes.
Despite facing record levels of migration along the southern border, recent months have seen a decrease in migrant crossings, contradictory to typical seasonal trends. Border Patrol recorded a drop in migrant apprehensions, citing increased deportations and stricter immigration measures implemented by Mexico as contributing factors. As the Biden administration continues to address the border situation, the use of unilateral immigration actions and policy changes remains a focal point in efforts to manage immigration flows and asylum cases.
