Sec. 5. Immigration court docketing priorities during irregular migration influx events
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The Attorney General shall, to the greatest extent practicable, prioritize docketing and processing of removal cases under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) for aliens who are apprehended on entering the United States in connection with an irregular migration influx event. The Attorney General, in consultation with the Secretary, shall establish criteria for determining when an irregular migration influx event commences and ends for purposes of carrying out the docketing priorities under subsection (a). The Attorney General shall ensure that any master calendar or merits hearing in a removal case prioritized under subsection
(a)is scheduled on a date and at a time that permits the alien a fair and reasonable opportunity to consult with and retain counsel prior to such hearing, consistent with section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ). Not later than December 31, 2021, the Attorney General shall submit to the appropriate committees of Congress a report that includes— the number of aliens who were apprehended after entering the United States in connection with an irregular migration influx event identified in accordance with subsection
(b)and placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ), organized by the fiscal year in which the apprehension occurred and stating the number of single adults, unaccompanied alien children, and aliens that are apprehended as part of a family unit; the number of aliens identified under paragraph
(1)who appeared at master calendar hearings, including— the number and percentage represented by counsel at such hearings; and the average number of days between apprehension and such hearings; the number of in absentia orders of removal issued to aliens identified under paragraph
(1)at master calendar hearings, including the number of such aliens represented by counsel; the number of aliens identified under paragraph
(1)who appeared at final merits hearings, including the number and percentage represented by counsel at such hearings, and the average number of days between apprehension and such hearings; and the number of in absentia orders of removal issued to aliens identified under paragraph
(1)at final merits hearings, including the number of such aliens represented by counsel. Nothing in this section shall be construed to permit the Attorney General to adopt abbreviated procedures in connection with adjudication of removal cases prioritized under subsection
(a)beyond the extent permitted by law.
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Sec. 5
Immigration court docketing priorities during irregular migration influx events
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