U.S. moves to speed up deportation proceedings for unauthorized migrants who were not processed

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  • US Immigration and Customs Enforcement has launched a new operation to send court documents to unauthorized immigrants who were not processed for deportation after crossing the US-Mexico border this year.
  • Such documents include “notices for presence,” which instruct migrants to attend court hearings before U.S. immigration judges who will determine whether they can remain in the country or be deported.
  • The operation is designed to expedite the process of placing unauthorized migrants into deportation proceedings.
  • Immigration advocates expressed concern that the program could lead to deportation if migrants do not receive documents.

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US Immigration and Customs Enforcement has launched a new operation to send court documents to unauthorized immigrants who were not processed for deportation after crossing the US-Mexico border this year.

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The documents include “notices for presence,” which instruct migrants to attend court hearings before U.S. immigration judges who will determine whether they can remain in the country or will be deported. This would apply to migrants, many of whom are families with children, who were released into the US after being caught at the border by US Customs and Border Protection.

The operation aims to expedite deportation proceedings for unauthorized migrants, according to ICE. The agency did not elaborate on when the program began.

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“By mailing these charging documents, ICE is initiating timely removal proceedings,” ICE said in a statement to CNBC on Thursday.

Some immigration advocates have criticized the program, saying they worry it could lead to deportation if migrants do not receive court documents.

The new operation comes as Biden’s approval rating has dropped, partly because of the way his administration handled immigration and the border. In particular, the president has faced backlash for intensifying the deportation to address highest number of migrants Attempts to cross the US-Mexico border illegally in two decades.

Typically, notices go to migrants who are not immediately placed in removal proceedings or expelled under Trump-era public health legislation, according to Jessica Bolter, an associate policy analyst at the Migration Policy Institute. Known as Title 42.

Expedited eviction and Title 42 both allow the US to deport migrants who have crossed the border without proper documentation.

In March, US immigration officials were unable to issue multiple notices to appear because of a sharp increase in fears of immigration at the border, which led to “capacity issues”, Boulter said.

Instead, unauthorized migrants were instructed to “notice to report” or show them to their nearest ICE office within 60 days. Unlike a notice to appear, a notice to report takes less time to issue and does not place migrants in deportation proceedings within the US immigration court system.

“With the influx of migration, ICE was looking for a solution that would allow them to process migrants more quickly, therefore being able to save time by issuing notices to report instead of a formal court notice for those solutions.” One of the ones they landed on,” Boulter said.

CBP said created Border Patrol Over 1.7 lakh fears At the US-Mexico border during fiscal year 2021.

As of September, CBP had issued notices to more than 107,000 migrants to appear in court, instead of a formal notice, to report, According to the Associated Press. About 28% of those migrants did not report to ICE within the 60-day time period.

Under the new operation, ICE will be able to issue more notices to appear and ensure that migrants comply with them.

“Action will be taken against those who do not conform to the law and priorities of the department,” ICE said in the statement.

Some immigration advocates expressed concern with ICE’s new operation.

Danilo Zak, policy and advocacy manager at the National Immigration Forum, said in some cases court documents may be sent to addresses where the intended recipients do not live.

“It is not always clear whether the addresses that migrants provide to the Border Patrol or CBP upon arrival at the border remain there,” Jack said. “Down the line, several months or a year down the road, they may go to a completely different address and they won’t even get a ‘notice of appearance’ in court.”

Jack said sending notices to incorrect or outdated addresses could cause immigration judges to order the deportation of immigrants who don’t miss their court dates because they didn’t know about them in the first place.

“There needs to be a lot of leeway to make sure that ICE knows where these people are before sending these documents,” he said.

Zak also noted that US immigration courts still face delays. According to researchers, 1.4 million pending cases were pending in the courts in FY 2021 Syracuse University,

He called on US immigration officials to develop a more “systematic process” at the border, where migrants are more aware of the legal process ahead of them and have greater access to legal counsel who can guide them through the “complex immigration court system”. to help navigate.

Jack said, “The new operation is likely to make migrants more efficient, but it certainly isn’t the ideal solution for people coming to the border hoping to apply for asylum and go through their immigration court cases.” are doing.”

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