Since President Biden took office, immigration judges have filed approximately 200,000 deportations for failure to file the required “Notice to Appear” (NTA) by the Department of Homeland Security (DHS) in time for scheduled hearings. A report revealed that the eviction lawsuit has been dismissed. The report was released on Wednesday.
report The data from the Transactional Records Access Clearinghouse (TRAC), which tracks immigration case data and backlog, includes DHS records through February 2024.
As noted by TRAC, a nonpartisan data collection organization, DHS’s obligation to file NTAs in immigration court is an important step in the immigration enforcement process.
The NTA is responsible for detailing why DHS believes a particular immigrant should be deported and formally requesting that an immigration judge use a removal order.
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Hundreds of migrants, mostly from Venezuela, cross the Rio Grande River in search of humanitarian asylum, crossing the Mexico-U.S. border in Ciudad Juarez, Mexico, December 5, 2023. (David Peinado/Anadolu via Getty Images)
TRAC reported that DHS rarely failed to file NTAs before scheduled hearings, but only after Border Patrol agents and other DHS employees were granted access to the immigration court’s two-way scheduling system. The number of such cases has increased.
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This created a problem where DHS officials could schedule immigration court hearings faster than DHS could file an NTA. Courts would then schedule cases that technically don’t exist, wasting valuable time reviewing approximately 3.5 million pending immigration cases.
As a result, immigrants are left in legal limbo. Those who may appear before court hearings have no legal means to apply for asylum, which is necessary to obtain work permits.
An illegal alien is arrested by Immigration and Customs Enforcement. (Fox News)
Although the situation varied across the country, TRAC found that Houston and Miami were notable hotspots, accounting for approximately 50% or more of new cases dismissed since fiscal year 2021.
Although this situation will continue until 2024, TRAC notes that court rejections for lack of NTA peaked in 2022 but declined in 2023.
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Fox News Digital has reached out to DHS for a response to TRAC’s report.
