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 involving certain noncitizen single adults who attempt irregular crossings between ports of entry at the Southwest border. This initiative will enable the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to swiftly impose consequences, including removal, on those without a legal basis to remain in the United States. It will also hasten the granting of immigration relief or protections 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’s immigration courts are committed to the just and efficient enforcement of the immigration laws,” added Attorney General Garland. “These measures will advance that mission by helping to ensure that immigration cases are adjudicated promptly and fairly.”
The RA Docket process aims to address inefficiencies in 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. Insufficient resources, including a lack of immigration judges and attorneys, have impeded swift resolution of claims and extended court processes.
Under this new process, DHS will place certain noncitizen single adults on the RA Docket, prioritizing their adjudication by EOIR adjudicators. The RA Docket will operate in five cities: Atlanta, Boston, Chicago, Los Angeles, and New York City. Immigration judges will aim to render final decisions within 180 days, although the time to decision in any particular case will remain subject to case-specific circumstances and procedural protections.
To support these efforts, the Justice Department has submitted a final rule titled Efficient Case and Docket Management in Immigration Proceedings to the Federal Register. This rule codifies procedures and standards for immigration adjudicators across the country to manage their dockets and resolve cases efficiently. It allows adjudicators to prioritize cases that are ready for prompt resolution, enabling them to address their caseloads more efficiently and quickly.
Lastly, both departments continue to urge Congress to pass the Senate’s bipartisan border security legislation. If passed, this would provide DHS and DOJ with additional authorities and resources that are critically needed. These resources include more immigration judges, additional asylum officers and support staff, as well as needed authorities to more quickly adjudicate asylum cases of those arriving at our border.
