Anonymous User wrote:I did not say DA is adjudicated by DOJ...I said that the docket could increase b/c of USCIS (DHS) referrals to ICE. Here's how it works...DA app applies for DA but is unqualified b/c of criminal record which app doesn't disclose to attorney (you'd be surprised how many people do this). USCIS receives app, sees criminal record and refers app to ICE for removal. ICE issues notice to appear (NTA), which then means app has a date with an IJ (EOIR)to face removal proceedings. This simple scenario multiplied over a thousand times, instantly increases the IJ's docket. Backlog notwithstanding, this will create more work for IJs in the not-to-distant future. There are other ways DA apps would end up in front of an IJ, but this is only one. Bottom line, DA can increase workload. I happen to disagree with your analysis.
This is a possibly scenario, but DHS is already finding plenty of these folks through their secure communities initiative. And any potential increase will not be very significant and will be off set by the fact that some cases will be admin closed or terminated due to a respondent's eligibility for DA. BTW I haven't seen one case come through that was referred from a failed DA application.