Judge Wetherell wasn't exactly pleased with that explanation, noting in his May 16 order resolving the issue: "Ideally, DHS would have sought clarification from the Court before making a unilateral decision to release aliens under the authority of the Parole with Conditions policy after the TRO took effect." Still, he didn't hold anyone in contempt.
What he did do in that order was to direct DHS to "Report to the Court how many of the 2,576 aliens who, in the Court's mind, should not have been released on 'parole' after the TRO went into effect reported to ICE as required by the Parole with Conditions policy".
Identify the number of aliens who have reported to ICE and been issued NTAs; indicate when, where, and how these aliens reported to ICE and were issued NTAs; and explain what steps DHS is taking to track down the aliens who did not report as required and whether those efforts have been successful.
Why did just 464 of those highly scrutinized aliens - 37.4 percent of those who actually appeared - get NTAs? Bible blamed "Limited agency resources", which seems a little fishy given the fact that the Supreme Court in June gave DHS Secretary Alejandro Mayorkas carte blanche to order ICE ERO to ignore criminal aliens who were already in the country - likely freeing up "Limited agency resources".
No alien covered by the May 16 order should ever have been cut loose, but the 1,065 who failed to appear are a double flight risk, having shown contempt for U.S. law by entering illegally and then by failing to show up as required after release.
DHS knew from the day it released them that its handling of that relatively miniscule collection of illegal migrants would be under the microscope of a jurist who was objectively displeased by being repeatedly slapped in the face by that department, and yet ICE is still bungling its handling of those aliens and being border-line offensive in its response to the court.
If DHS can't even get its handling of this tiny population of high-profile illegal entrants right - and by "Right" I mean anywhere near what the INA requires - what must it be doing with respect to the two million-plus other aliens it has released under the Biden administration? To ask the question is to answer it - and that answer's not good.
https://cis.org/Arthur/Stunning-DHS-Disclosure-Reveals-How-Screwed-Bidens-Release-Policies-Are
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