The Biden administration disagrees.
“Our immigration enforcement efforts are focused on those who pose a threat to public safety, the security of our borders and our national security,” Alejandro N. Mayorkas, the homeland security secretary, said in a statement on Monday. “The memo issued today further empowers our enforcement attorneys to focus on these priorities, and it will help clear a longstanding case backlog that has clogged the immigration court system and stood in the way of swiftly removing the greatest threats.”
Closing, dismissing and streamlining low-priority cases, the ICE official said, is a fair and efficient way to address what has been an insurmountable backlog.
ICE officials would not say how long each case review was expected to take. The effort comes after a similar but smaller one that began in February to dismiss certain family immigration cases and direct people to apply through U.S. Citizenship and Immigration Services, a process that takes less time.
Greg Chen, a senior director of government relations with the American Immigration Lawyers Association, applauded the plan as a proactive step but said that “case-by-case analysis is far more laborious than if they did a database sweep” to determine which ones could be removed from the docket.
The directive will go into effect this month. In late May, when the pandemic-driven public health rule that limited immigration is lifted, officials expect a significant increase in border crossings, including many migrants seeking asylum who will be summoned to immigration court.
A new, separate Biden administration asylum policy, which will direct people who cross the border without documentation to have their claims evaluated by asylum officers instead of immigration judges, will not be fully operational for months.
Undocumented migrants are expected to apply for asylum before immigration judges within a year of arriving. Typically, asylum-seekers who are not detained are issued a summons with a court date and wait an average of more than five years before appearing in court.