Deportation cases against 200K migrants under Biden admin dismissed, here's why
Deportation cases against nearly 200,000 migrants under President Joe Biden's administration have been dismissed by immigration judges due to the Department of Homeland Security's failure to file required paperwork before their court dates. This development, highlighted in a report by the Transactional Records Access Clearinghouse at Syracuse University, points to systemic issues within the immigration process. According to the report, without proper filing, the court lacks jurisdiction to proceed with the case, leaving immigrants, often asylum seekers, in limbo.
The lack of transparency regarding the reasons behind these failures is concerning, as the report emphasizes. Additionally, there is limited information on the fate of these immigrants once the Department of Homeland Security failed to rectify its mistakes by reissuing and filing new Notices to Appear (NTAs) to restart their court cases. NTAs are crucial documents issued to migrants caught crossing the border illegally, providing them with a hearing date to present their asylum claims before an immigration judge. However, NTAs must be filed before the scheduled hearing to ensure due process.
The significant increase in cases dismissed due to the failure to file NTAs under the Biden administration is alarming. In 2020, there were 6,482 cases dismissed for this reason, which surged to 33,802 in 2021. The number further escalated to 79,592 in 2022 before declining to 68,869 in 2023. This year alone, over 10,000 deportation cases have been dismissed due to the absence of NTAs, underscoring the magnitude of the issue.
The inability of the Department of Homeland Security to fulfill its procedural obligations has severe implications for migrants seeking legal recourse within the immigration system. Without NTAs filed in a timely manner, individuals are left without a means to advocate for their rights and defend against deportation. This systemic failure not only undermines the integrity of the immigration process but also exacerbates the uncertainty and vulnerability experienced by migrants.
Efforts to address these challenges must prioritize transparency and accountability within the Department of Homeland Security to ensure that such administrative lapses are promptly rectified. Additionally, measures should be implemented to streamline and expedite the filing process for NTAs, thereby safeguarding the due process rights of migrants and upholding the principles of fairness and justice within the immigration system.
By: Sahiba Suri
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