Saturday, February 3, 2024

The Massive Spike In Immigration Court 'No-Shows'

 In October, DOJ published a chart captioned "In Absentia Removal Orders", that is, statistics on the number of alien respondents in removal proceedings who were supposed to go to court but didn't.

Any alien who, after written notice required under has been provided to the alien or the alien's counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable.

Although the administration is opening the door wide for more than 75,000 aliens monthly to take advantage of those two parole programs, it has no plan - and likely little inclination - to force them to leave once they're here, even though they have no documents and no right to be in this country.

ICE officers can't place aliens into removal proceedings if they have no idea where those aliens are.

Again, the issuance of an NTA is simply the start of the process, not the end, and even assuming ICE miraculously found and then suddenly served all 800,000 of those aliens, they would still need to appear in immigration court for their removal hearings.

The biggest issue - and the one that threatens the integrity of the entire process - is that unless ICE actually deports aliens under final orders of removal, the entire system collapses and none of the immigration laws have any meaning anymore.

As the DOJ in absentia statistics reveal, an increasing number of aliens - 159,000-plus in FY 2023 - aren't even bothering to come to court anymore. 

https://cis.org/Arthur/Massive-Spike-Immigration-Court-NoShows

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