Report: ICE acting director admits agency is unable to track most illegal immigrants released into U.S.

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WASHINGTON, D.C.- On a weekly basis, thousands of illegal immigrants are released into the interior of the United States and the federal agency that is responsible for enforcing the laws for keeping illegal immigrants out of this country have admitted that they are “unable” to keep tabs on the majority of immigrants illegally entering the United States.

According to reports, Immigration and Customs Enforcement (ICE) Acting Director Tae Johnson recently admitted to Congress that “there’s certainly some gaps” in the agency’s “ability to track” illegal immigrants being released. 

Currently, after being apprehended at the border, illegal immigrants are then processed by Customs and Border Protection (CBP) to determine who they are and whether they are subject to being immediately turned back under the current Title 42 public health provision. 

According to CBP Commissioner Troy Miller, single adults from Spanish-speaking nations are almost all subject to immediate expulsion under Title 42. However, Border Patrol has recently been encountering more and more illegal immigrants from non-Spanish speaking nations, specifically Brazil and Haiti.

CBP data shows that of the 178,000 illegal border crossers encountered in April, nearly 62 percent were expelled quickly under Title 42. The remaining 38 percent or 68,000 individuals were released into the interior of the United States.

Unaccompanied minors were released into Health and Human Services custody and single adults from non-Spanish speaking nations were released into ICE custody.

Reportedly, in some border sectors, particularly the Rio Grande Valley in south Texas, the Border Patrol facilities have become extremely overwhelmed with their populations far exceeding the maximum facility limits.

Many individuals were not released with the common “Notice to Appear” document that states a date and time to appear in court. Instead, many received a “Notice to Report,” which is an honor system that requires the person to check in at their closet ICE facility within 60 days.

During a congressional hearing on May 13th, Johnson stated:

“For individuals that are just released with a notification to report to ICE or to show up in court, then our ability to track those folks quite closely is much more limited.”

Johnson added that about 20,400 individuals have been released with a “Notice to Report” and that ICE has no way of tracking those individuals or where they plan to reside while in the United States.

The agency’s system does not link to the information Border Patrol collects at the initial intake facility. Johnson said in a statement:

“Once they report to an ICE office, they’re put into our system of record and at that point we can track those folks. But, otherwise, we would just have to get a list from Border Patrol of the 20,000 cases and check them pretty regularly.”

During the hearing, Johnson stated that ICE has more success tracking individuals that are released under the “alternatives” to detention program, including those wearing an ankle monitor.

Unfortunately, many illegal immigrants regularly cut off their ankle bracelets or fail to honor their obligation to check in with ICE or turn up in court. Johnson said:

“Based on the number of individuals that we enrolled in alternatives to detention in FY20, we had about 11,000 individuals abscond from the program.”

Johnson added that in fiscal 2021 through March, about 2,700 have already absconded. Johnson also said that under the agency’s narrowed criteria for priority removal, most of those who abscond will not be a priority for ICE to track down unless they commit an aggravated felony. 

Nationwide, the agency arrested 645 illegal immigrants for removal in March and another 1,152 in April. Now, Johnson’s biggest concern is the impending removal of Title 42.

Back in March 2020, President Donald Trump implemented Title 42, which effectively closed the border to non-essential travel in attempts to mitigate the spread of COVID-19.

This decision allowed for Border Patrol to turn back illegal border crossers almost immediately, rather than be placed in ICE custody for a more protracted process through deportation proceedings under Title 8.

Reportedly, once Title 42 is revoked, the 3,000 to 3,500 single adults that Border Patrol is currently arresting on a daily basis will have to be accommodated by ICE. However, at the same time, ICE has less capacity than it did during the previous border surge in 2019.

In 2019, ICE had around 55,000 detention beds. In the fiscal 2021 appropriations package, that capacity was reduced to 30,000 beds. Johnson said in a statement:

“Title 42 is absolutely critical. I don’t think it’s a situation where it’s going to just be lifted electively. We will be mandated, through some sort of court order to lift it.”
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Report: Nearly 500 incidents of violent crimes at the border since Biden took office

May 14th, 2021

WASHINGTON, DC — The Biden administration is being criticized by an independent advocacy organization for utilizing the COVID-19 directive known as Title 42, which the group claims is exposing asylum seekers to unnecessary danger and family separation.

Human Rights First issued a scathing report last month called “Failure to Protect: Biden Administration Continues Illegal Trump Policy to Block and Expel Asylum Seekers to Danger.”

In the report, Human Rights First criticized the Trump administration’s issuing of an order under Title 42 of the U.S. Code that was used by the Department of Homeland Security (DHS) for the purpose of combating COVID-19.

However, it also criticized the Biden administration for refusing to end Title 42 and its expulsion policy, which it claimed has sparked a chorus of condemnation from public health experts, legal scholars, former government officials and members of Congress.

The report noted:

“Despite his frequent pledges to reverse President Trump’s cruelty at the border, President Biden is continuing a policy that is wreaking havoc: it endangers children, drives family separations, and illegally returns asylum seekers to danger, including Black and LGBTQ refugees forced to endure bias-motivated violence in Mexico.

“The policy also creates disorder and pushes asylum seekers to cross into the United States between ports of entry. Rather than protecting public health, the expulsion policy threatens the health and safety of asylum seekers and migrants.

“Under this policy, DHS is preventing asylum seekers from approaching U.S. ports of entry to seek protection and expelling those who cross the border elsewhere, sending them either to the countries they fled or to dangerous border regions in Mexico.”

The report also said “the Biden administration is misusing Title 42 and turning away people seeking protection to those same life-threatening dangers” and tracked at least 492 attacks and kidnappings suffered by asylum seekers turned away or stranded in Mexico since President Biden took office in January.

In the report, Human Rights First also said that by sending asylum seekers back to danger without asylum assessments, the Biden administration is failing to protect refugees and is blatantly violating U.S. refugee laws and treaties.

Where are the asylum seekers coming from?

According to the report, families and adults are coming from several countries:

“The Biden administration has blocked and expelled asylum-seeking families and adults from Burkina Faso, Cameroon, Cuba, El Salvador, Ethiopia, Ghana, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Nigeria, Russia, Somalia, Venezuela, and Yemen.

“African, Caribbean, and other Black asylum seekers and migrants have been left particularly vulnerable by this policy, suffering anti-Black violence and discrimination while stranded at the border for months or even years.

“Since February 2021, the U.S. government has sent 27 airplanes with over 1,400 Haitian adults and children, including asylum seekers, directly back to Haiti despite escalating political instability and violence.”

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The report also said the Biden administration’s use of the expulsion policy to buy time to set up a new process is not justified:

“The Biden administration has suggested it is using this expulsion policy to buy time to put in place a comprehensive process and achieve other legislative objectives. These justifications are neither a proper use of public health authority nor valid reasons for violating asylum laws that save lives.”

At a Feb. 10 press briefing, Press Secretary Jen Psaki was asked what steps Biden was planning to take to confront the growing number of people arriving on the border, and she replied:

“He’s certainly following it closely, but obviously defers to the leadership and the guidance of his Secretary of Homeland Security, Ali Mayorkas, who is now confirmed — been in office in his role for just over a week now.

“Obviously, is — comes to that job with a great deal of experience working on these issues, including during challenging times.

“But since you gave me the opportunity, I mean, one of the things we are certainly doing is communicating that, due to the pandemic and the fact that we have not had the time, as an administration, to put in place a humane, comprehensive process for processing individuals who are coming to the border, now is not the time to come, and the vast majority of people will be turned away.

“Asylum processes at the border will not occur immediately; it will take time to implement. 

“And as DHS and CBP have said, you know, when long-term — you know, this is — you know, there have been incredibly narrow and limited circumstances where individuals have been — have come into the country awaiting for their hearing, but the vast majority have been — have been turned away. 

“And so this is not the time to come.

“And, you know, this is obviously an emotional issue for many of us who’ve worked on this in the past, for the President himself, but we need time to put in place, and partners to put in place a comprehensive process and system that will allow for processing at the border of asylum seekers, but also, you know, providing a pathway to citizenship for immigrants who are in the United States.”

Human Rights First’s report also provided several key findings:

“The Biden administration is blocking asylum-seeking families and individuals at ports of entry and expelling those who cross the border seeking protection to danger in Mexico.

“Many Black asylum seekers and migrants are being harmed by the expulsion policy.

“Asylum seekers expelled to their countries of feared persecution remain in danger and unable to seek U.S. asylum protection, as the Biden administration continues to use Title 42 to block asylum requests, including at ports of entry.

“The Biden administration continues to use a widely discredited Trump-administration policy to block and expel asylum seekers, illegally denying them refugee protections.

“The expulsion policy is separating families and continues to endanger unaccompanied children.

“Blocking access to asylum protections at U.S. ports of entry and expelling asylum seekers to Mexico creates confusion and exposes them to further danger.

“Border Patrol agents and CBP officers continue to abuse migrants in their custody, deny them emergency medical care, confiscate their belongings, and carry out expulsions at night and to dangerous border towns. 

“There is no public health justification for expelling asylum seekers and migrants, as repeatedly confirmed by leading public health experts.

“Many asylum seekers expelled to Mexico are stranded indefinitely in desperate circumstances and are at risk of refoulement – return to persecution or torture.”

The report also complained about Mexico, saying it was complicit in U.S. policies blocking asylum:

“The Mexican government continues to facilitate U.S. violations of international protections for refugees by agreeing to receive expelled Mexican and Central American asylum seekers.

“In some locations, local Mexican immigration officials are refusing to accept families with children under seven years old.

“However, the Mexican government has reportedly offered to alter or delay implementation of a law prohibiting detention of migrant children, which has in some Mexican states led to restrictions on the expulsions of migrant families, under pressure from the Biden administration.

“Non-Mexican asylum seekers expelled under the expulsion policy generally do not receive legal status in Mexico and are subject to deportation while waiting indefinitely in Mexico to seek U.S. refugee protection.

“Mexico detains some individuals expelled by the United States and has long failed to consistently provide asylum seekers with an opportunity to seek protection or inform them of their right to seek asylum in Mexico.”

Nearly a half year later, Vice President Kamala Harris is set to visit Mexico in June. However, she has yet to make a statement about the border crisis since assuming the role of border czar.

In an exclusive interview with the Today show, Biden recently blamed the previous administration for the current border crisis, saying it didn’t have a plan. Biden also claimed the situation is better under his administration:

“Well, look. It’s way down now. We’ve now gotten control.”

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