DOJ Just Turned the ‘Rocket Docket’ Back on for a Few, but Simultaneously Issued a Rule that Will Slow Down the Immigration Court System for All
By Elizabeth Jacobs on May 30, 2024
The Biden administration recently announced plans to start a “new” fast-track docket in the immigration courts to address the courts’ historic backlog. The administration claims that it is implementing this new system 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”.
This announcement was made concurrently with the issuance of the Department of Justice (DOJ) Executive Office for Immigration Review’s (EOIR) final rule that undoes many of the procedural immigration court efficiencies that were put into place during the Trump administration. The new rule also expands immigration judges’ authority to administratively close,1 terminate, or dismiss2 cases in removal proceedings.
The New Dedicated Docket
The new dedicated docket (sometimes called a “rocket docket”) aims to have judges rule on cases within 180 days. Under current policies, most border-crossers will not have their first immigration hearing for years after being released from detention and issued a Notice to Appear (NTA) in immigration court. While the Department of Justice has not publicly shared data regarding how long recent arrivals must wait for their first immigration court hearing, in April 2023 AP reported and U.S. Rep. Henry Cuellar (D-Texas) stated that some recent migrants were asked to make their first appearance in immigration court in March 2033 — a full decade out at the time it was reported.3
https://cis.org/Jacobs/DOJ-Just-Turned-Rocket-Docket-Back-Few-Simultaneously-Issued-Rule-Will-Slow-Down-Immigration
