Is this really a good idea?
The Biden administration is speeding up the asylum process for migrants entering the U.S. illegally, particularly for those heading to five major cities.
On Thursday, Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland introduced a new Recent Arrivals (RA) Docket. This program aims to expedite single adults through the immigration court system in Atlanta, Boston, Chicago, Los Angeles, and New York City. The objective is to resolve asylum claims within 180 days, although extensions can be granted to allow migrants time to secure legal representation.
As of December, the U.S. had over 3 million pending asylum cases, many of which face years-long waits. Last May, migrants crossing from Mexico into Texas were assigned court dates in Chicago as far off as 2032.
Mark Green (R-Tenn.), chairman of the House Homeland Security Committee, criticized the new system, calling it an inadequate substitute for enforcing existing laws. He argued that the program could lead to the prolonged release of inadmissible migrants into communities and expressed doubt about its effectiveness in actual removal proceedings under the current administration. Green noted that ICE’s non-detained docket has doubled over the past three years due to the administration’s approach, which he claims encourages more border crossings.
Immigration has become a key issue for U.S. voters as the 2024 election approaches, with many viewing it as a weakness for President Biden, who may face former President Donald Trump. The Senate had considered a bipartisan border bill in February, which included a provision similar to the RA Docket for nationwide asylum claim adjudication within six months.
Mayorkas emphasized that while this administrative measure is not a substitute for the broader changes proposed in the bipartisan Senate bill, it represents an effort to enforce the laws and prevent irregular migration in the absence of congressional action.
House Republicans, who impeached Mayorkas in February, continue to push for the reinstatement of Trump-era policies like Remain in Mexico, which required asylum seekers to wait in Mexico for their court dates.
Senate Majority Leader Chuck Schumer (D-NY) recently stated that the Senate would revisit border legislation. However, this announcement was quickly challenged by Sen. James Lankford (R-Okla.), the chief Republican negotiator on the bill, who criticized the move as a political stunt. Lankford urged both parties to genuinely address and resolve the issue rather than using it for political gain.
Since President Biden took office, more than 1.7 million migrants have evaded capture, in addition to over 9 million who have entered the U.S. legally. These figures have set new records for border crossings each year of Biden’s administration. Of those apprehended, over 85% are released into the U.S. to await their court hearings, as Mayorkas acknowledged in a private meeting with Border Patrol agents.
