Lankford Called Out Mayorkas For 10-Year Asylum Wait Times

Sen. James Lankford (R-Okla.) delivered a damning factual account to DHS Secretary Alejandro Mayorkas during April 2023 congressional testimony, documenting that migrants requesting New York asylum hearings now face wait times extending to “March of 2033” — a full 10 years away. Lankford noted this is only “the ICE portion” of the process, meaning final adjudication could take 15 to 18 years, with non-detained docket cases receiving essentially no attention from overburdened USCIS officials focused on detained cases.

The 10-Year Wait Reality

March 2033: March 2033 hearing dates.
New York location: New York location specific.
10-year delay: 10-year delay.
Current reality: Current reality.
System breakdown: System breakdown.

The 15-18 Year Timeline

Full adjudication: Full adjudication.
Multi-step process: Multi-step process.
Legal compounding: Legal compounding.
Appeal processes: Appeal processes.
Long-term system: Long-term system.

The ICE vs. USCIS Processes

ICE portion: ICE portion only.
USCIS processing: USCIS processing.
Process distinction: Process distinction.
Multi-agency flow: Multi-agency flow.
System complexity: System complexity.

The Non-Detained Docket

Non-detained: Non-detained docket.
Priority concerns: Priority concerns.
Processing neglect: Processing neglect.
Legal implications: Legal implications.
Administrative reality: Administrative reality.

The Legal Requirements

Detained priority: Detained priority.
Legal requirements: Legal requirements.
Statutory obligations: Statutory obligations.
Professional compliance: Professional compliance.
Administrative constraint: Administrative constraint.

The USCIS Reality

Processing priority: Processing priority.
Resource limitations: Resource limitations.
Professional challenge: Professional challenge.
Non-detained neglect: Non-detained neglect.
Unknown timeline: Unknown timeline.

The System Failure

“Clearly not working”: “Clearly not working.”
Process critique: Process critique.
System breakdown: System breakdown.
Professional assessment: Professional assessment.
Policy failure: Policy failure.

The Asylum System Structure

Multi-step process: Multi-step process.
Agency coordination: Agency coordination.
Legal representation: Legal representation.
Court calendars: Court calendars.
Judicial processes: Judicial processes.

The Backlog Reality

Case accumulation: Case accumulation.
Processing capacity: Processing capacity.
Resource limitations: Resource limitations.
Administrative overwhelm: Administrative overwhelm.
System stress: System stress.

The Staffing Challenges

Immigration judges: Immigration judge staffing.
USCIS officers: USCIS officers.
Processing personnel: Processing personnel.
Professional capacity: Professional capacity.
Resource allocation: Resource allocation.

The Policy Implications

System reform: System reform needs.
Resource allocation: Resource allocation.
Priority structure: Priority structure.
Legal framework: Legal framework.
Process redesign: Process redesign.

The Congressional Role

Oversight function: Oversight function.
Legislative action: Legislative action.
Reform priority: Reform priority.
Resource authorization: Resource authorization.
Policy framework: Policy framework.

The Lankford Style

Factual presentation: Factual presentation.
Specific details: Specific details.
Professional preparation: Professional preparation.
Consistent pressure: Consistent pressure.
Substantive critique: Substantive critique.

The Administrative Response

Policy defense: Policy defense.
Resource arguments: Resource arguments.
Professional effort: Professional effort.
System constraints: System constraints.
Legal compliance: Legal compliance.

The Border Context

Record encounters: Record encounters.
Processing pressure: Processing pressure.
System overwhelm: System overwhelm.
Resource strain: Resource strain.
Administrative burden: Administrative burden.

The Detained vs. Non-Detained

Detention capacity: Detention capacity.
Release patterns: Release patterns.
Non-detained flow: Non-detained flow.
Processing priorities: Processing priorities.
Legal distinctions: Legal distinctions.

The System Reform Needs

Capacity expansion: Capacity expansion needs.
Efficiency improvements: Efficiency improvements.
Legal reform: Legal reform.
Resource allocation: Resource allocation.
Process streamlining: Process streamlining.

The Historical Context

System evolution: System evolution.
Prior administration: Prior administration history.
Policy continuity: Policy continuity.
Institutional patterns: Institutional patterns.
Reform attempts: Reform attempts.

The Administrative Challenge

Scale overwhelm: Scale overwhelm.
Professional capacity: Professional capacity.
Technology limitations: Technology limitations.
Legal constraints: Legal constraints.
Resource shortages: Resource shortages.

The Immigration Policy

Comprehensive reform: Comprehensive reform.
Administrative action: Administrative action.
Legal framework: Legal framework.
International coordination: International coordination.
Domestic policy: Domestic policy.

The Political Context

Republican critique: Republican critique.
Democratic pressure: Democratic pressure.
Electoral concerns: Electoral concerns.
Public polling: Public polling.
Policy reform: Policy reform demands.

Key Takeaways

Sen. Lankford documented asylum seekers requesting New York hearings face “March of 2033” dates.
The 10-year wait is only the “ICE portion” of the process.
Final adjudication could take 15 to 18 years.
Non-detained docket cases receive essentially no attention due to detained priorities.
Lankford called the system “clearly not working.”
USCIS officials cannot provide timeline for when they might process non-detained cases.

Transcript Highlights

The following quotations are drawn from an AI-generated Whisper transcript of the hearing and should be considered unverified pending official transcript release.

“If they request to go to New York, currently right now, their next hearing time in New York is in March of 2033. So it is 10 years before they get that hearing.” — Sen. Lankford
“We could be 15 to 18 years before this asylum system is actually before their asylum claim is actually adjudicated.” — Sen. Lankford
“ICE has hearings set 10 years into the future to get to the first step of this process for them.” — Sen. Lankford
“This is clearly not working in the process.” — Sen. Lankford
“When I visit with USCIS folks on this, if they’re in the non-detained docket… they’re not getting to them at all because their priority is on the detained docket.” — Sen. Lankford
“If they’re in the non-detained docket, they’re not getting to don’t know when they’re gonna get to.” — Sen. Lankford

Full transcript: 191 words transcribed via Whisper AI.