The latest disclosures from the Department of Justice reveal that the number of alien respondents who failed to appear for removal proceedings is soaring - on track to exceed 170,000 in FY 2024, which would best last year's record of nearly 160,000.
Section 240 of the Immigration and Nationality Act, governs removal proceedings in immigration court.
In its most recent report, current through the end of December, OHSS reveals that DHS removed just over 179,400 aliens in FY 2023.
In FY 2014, under the Obama administration, DHS removed just fewer than 405,000 aliens, and as recently as FY 2019, removals exceeded 347,000.
In the first quarter of FY 2024 - October to December 2023 - IJs issued 42,714 in absentia orders of removal for alien respondents who failed to appear in immigration court, putting the court on pace to issue about 170,000 such orders this fiscal year.
In all of its policies - from its announcement the day of the 2021 inauguration that it would pause alien removals for 100 days, to its "Overarching non-detention" regime for illegal migrants, to the Mayorkas guidelines themselves - the administration has signaled to aliens with no legal right to be here that it has no interest in enforcing Congress' dictates in the INA. If the White House doesn't care, why would the aliens?
In much the same way, Secretary Mayorkas has concluded he has the discretion to determine which immigration laws he'll enforce - few, if any, as it turns out - and so alien respondents in removal proceedings have concluded that they, too, had the right to decide which court orders they'll comply with.
https://cis.org/Arthur/Immigration-Court-NoShows-Soar-FY-2024
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