The Biden administration on Thursday announced a new measure to speed up the processing of asylum claims in immigration courts, reducing the time it takes from years to months for some single adults. The initiative will be implemented in five cities: Atlanta, Boston, Chicago, Los Angeles and New York. Migrants in these cities will be placed on a "newcomers register," with the goal that judges will decide their claims within 180 days, instead of the current four years or more.
The Justice Department has assigned 10 judges to this effort, although it is not yet known how many cases will be handled, making it difficult to assess the potential impact. Homeland Security Secretary Alejandro Mayorkas stressed that this administrative measure does not replace the changes that a sweeping bill could bring but is a necessary step in the absence of congressional action.
The cities were chosen because of the availability of the judges and because they are great destinations for migrants. Asylum seekers are eligible for work permits six months after arrival, which critics say encourages immigration, even for those with weak claims.
The Biden administration has previously tried to speed up asylum processing with previous initiatives, including a “Dedicated Docket” process for families in 2021 and a plan in 2022 for asylum officers to decide a limited number of claims.
However, the response to these initiatives has been mixed. Dana Leigh Marks, a retired immigration judge, argues that previous expedited filings did not give applicants enough time to hire lawyers and failed to slow the migration. Matt Biggs, representing the immigration judges, expressed concerns about how the new effort will affect fair trial rights and hopes the administration has learned from past mistakes.
Currently, the backlog in immigration courts has
increased to 3.6 million cases, with about 600 judges in 68 courts. The
announced plan does not include funding for more judges. In addition, a new
policy has been implemented to preemptively reject asylum applications deemed
to be threats to public safety.