Biden’s new asylum ruling is a big flashing ‘Welcome’ sign for undocumented immigrants 

On May 16, 2024, the Government announced Creating a new Recent Arrivals procedure to more quickly resolve asylum claims for single adults who are apprehended at the border after entering the country illegally.

According to the announcement, objective The purpose of the program is to “accelerate the asylum process so that individuals who are ineligible for relief are more quickly removed and those who are eligible can obtain protection sooner.”

This does not mean that the asylum claims of these illegal immigrants will be rejected at the border. They will be released into the country to be heard by an immigration judge in an expedited court process.

The accelerated docket is Manipulate in Atlanta, Boston, Chicago, Los Angeles, and New York City.assigned by the Department of Justice 10 judges Those who intend to make a decision within 180 days.

This program appears to be just another scheme to get more illegal immigrants into the country. It is unlikely to achieve its purported objectives, and will likely encourage more single adults to cross the border illegally as they may be released into the county to await their asylum hearings.

Biden has already acceleration docket, However, this only applies to families who enter the country illegally and are arrested at the border, not single adults. The family is registered as Alternatives to detention He entered the program and was released to await a hearing, but that’s probably how the new program will treat single adults. However, judges in charge of family cases are expected to issue decisions within 300 days rather than 180 days.

I think pro-immigration groups will be happy about this program because it allows families of undocumented immigrants to enter the country with little chance of being deported if they can’t prove a legal basis for being in the country. I expected it. But that wasn’t the case.

actual, letter Seventy-seven of these organisations have signed the petition, strongly encouraging the government to end it. Their reason? They argue that the government had two years to deliver on its promise that this dedicated document would provide an efficient and fair process for families seeking asylum, but has failed to do so.

The letter describes the following actions as “failures of due process.”

  1. Lack of access to legal representation [The Immigration and Nationality Act grants migrants in removal proceedings the “privilege” of being represented by counsel “at no expense to the Government.”];
  1. Iabsence Removal orders for unrepresented immigrants.
  1. Hostile treatment by immigration officials.and
  1. Lack of transparency and public access to data.

I don’t understand why Biden would establish a new version of this unpopular program instead of finding a politically acceptable way to release more illegal immigrants into the country. Just because it applies to single adults rather than families does not make it more acceptable.

accelerate public hearings

Even if an immigration judge were able to issue a ruling within 180 days, that is unlikely given the immigration court’s opinion. unresolved crisistheir decision not necessarily final.

If an immigration judge makes an unfavorable decision, the immigration judge must ask the immigrant whether he or she wishes to reserve the right to appeal the decision. Immigration Appeals Board. If he answers “yes,” the government must postpone deportation for 30 days to give him time to file an appeal.

If he files an appeal, the government cannot deport him while the appeal is pending, which is likely to be lengthy without an appeal. frivolous.board of directors 28 members I’m already overwhelmed. As of the end of 2023, 113,000 appeals On hold.

Still, the program is likely to be much faster than the normal paperwork process, which would be unfair to asylum seekers who wait long hours for hearings.of average waiting time forMaster Calendar Public Hearing, necessary for making a schedulepersonal hearing, is 4 years.The entire process from start to finish takes up to 3 minutes10 years .

Removing judges from regular proceedings would also hamper efforts to address the immigration court backlog crisis. TRAC Immigrationstates that the backlog continues to increase.Accelerate at a ferocious paceSince President Biden took office, when the order backlog was small.1,290, is3,596,317now.

Moreover, the government is not making any progress in reducing its costs. Until 2024Immigration courts received 1,305,443 new cases, but only 517,675 were closed.

Remove illegal border crossers faster

Single adults in the new program would be released into the country and would not be required to leave the country even if they were unable to establish eligibility for asylum or other relief from deportation.

President Alejandro Mayorkas’ policies protect deportable migrants in the interior from law enforcement proceedings. Civil Immigration Control Law Enforcement Guidelines.secretary of homeland security To tell“Accordingly, the mere fact that an individual is a removable non-citizen should not be the sole basis for enforcement action against that individual.” His guidelines define enforcement targets as “national security, public safety, It limits deportation to immigrants who pose a threat to border security and, by extension, the well-being of the United States.

So even if an immigration judge rejects their asylum claim and orders them deported, they are unlikely to be deported. There were 1,292,830 immigrantsBe subject to a final deportation orderIn fiscal year 2023, ICE removed only 142,580 cases.

If Biden is serious about border security, he would eliminate his established incentives for illegal immigration rather than create new ones.As Judge Wetherell of the United States District CourtSaidIn the 2023 immigration case, Biden’s actions were “like posting a flashing sign at the southern border that says ‘Come in, we’re open for business.'”

nolan rapaportHe served for three years on the House Judiciary Committee as an expert on immigration law in the executive branch. He then served as immigration attorney for the Immigration, Border Protection, and Claims Subcommittee for four years. Before he served on the Judiciary Committee, he spent 20 years writing decisions for the Board of Immigration Appeals.follow himin:

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.