Without a proper filing, the court lacks jurisdiction to hear the case.
Since Joe Biden took office in January of 2021, immigration judges across America have thrown out some 200,000 deportation cases due to the U.S. Department of Homeland Security (DHS) failing to file the appropriate deportation paperwork.
TRAC Immigration reported that DHS did not file the required Notice to Appear (NTA) with the court before the due date for each of the 200,000 deportation cases, meaning these individuals in question are unable to obtain a work permit and the sense of their legality in the country remains anomalous.
“Without a proper filing, the Court lacks jurisdiction to hear the case and the immigrants, often asylum seekers, lack a way to move their case forward,” TRAC Immigration explains.
TRAC Immigration published a report that tracks DHS records on immigration using the latest data through February of 2024. That report examines whether DHS is improving its performance or getting worse at getting deportation paperwork filed on time.
“Next, using Court records that had not previously been released, it then traces whether DHS officials issue and file new NTAs for these same individuals to rectify their original filing failures,” the group explains.
(Related: The Biden regime and Texas are currently at war with each other over border security – who will win?)
DHS dropping the ball
DHS has an important job in the immigration enforcement process that, as it appears, is not getting done. When DHS issues an NTA to a noncitizen, including an asylum seeker, on time, the process then moves to the NTA being handed over to an immigration court.
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“The NTA alleges that the agency has reason to believe that the individual can and should be deported, lists these reasons, and asks an Immigration Judge to issue a removal order,” TRAC Immigration says.
“While Immigration Judges handle a variety of case types, not all of which require an NTA, removal cases account for the vast majority of cases. Fully 97 percent of the over 1 million Court cases already initiated this fiscal year (October 2023 – February 2024) have been removal cases. Thus, almost all Immigration Court cases are removal cases for which DHS must file an NTA for the case to go forward.”
The only way the assigned immigration judge has jurisdiction to even hear the case is if DHS files the NTA with the court on time. Ten years ago, it was rare for DHS to miss the filing. Today, it is rare for DHS to complete it.
One thing that has changed over the past 10 years to improve the process is that now Border Patrol agents and other DHS personnel have at their disposal access to the immigration court’s Interactive Scheduling System (ISS), which makes it much easier to schedule the hearing – so why is this not happening?
Well, the primary reason is that the easier-to-use system has created a new administrative problem in that DHS employees are able to schedule immigration hearings before the agency itself is able to file the NTA.
“Indeed, this is what happened,” TRAC Immigration explains.
“DHS has been able to block off the Court’s valuable limited time by scheduling hearings for cases that do not legally exist, because DHS has not filed the required NTA before the hearing. With Immigration Judges staring down 3.5 million pending immigration cases, every wasted hearing is a hearing that could have moved another case forward or resolved it.”
In many cases, immigrants, usually asylum seekers, still go to the court as scheduled only to find out that they have no actual case with which to make an asylum claim. As such, they are then released back onto the streets in a state of legal limbo.
Illegal immigration is showing no signs of slowing down anytime soon. Learn more at InvasionUSA.news.
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