In March, Rep. Tony Gonzales (R-Texas) joined forces with 22 other congressional colleagues to voice their apprehension to the Biden-Harris administration.
The focus of their concern lies in the release of “criminal illegal aliens” into the country. They also express worry over the presence of sanctuary cities that offer refuge to violent criminals who have entered the United States illegally.
Vice President Kamala Harris is not expected to provide much assistance when it comes to sanctuary jurisdictions. As a native of California, which is the most populous sanctuary state, her stance on the matter may not align with those seeking stricter immigration policies.
In a letter dated September 25th, U.S. Immigration and Customs Enforcement Deputy Director Patrick J. Lechleitner provided a response, stating that as of July 21st of this year, there were 425,431 immigrants with criminal convictions on ICE’s non-detained docket.
Among these individuals, their offenses include 13,099 homicides, 15,811 sexual assaults, 2,521 kidnappings, 13,423 weapon offenses, 10,031 robberies, 56,533 dangerous drug offenses, 14,301 burglaries, and 62,231 non-sexual assaults.
Being on ICE’s non-detained list simply implies that a migrant is not held in detention by ICE. While it is probable that many of them are incarcerated, the exact number remains unknown.
The Federal Bureau of Prisons keeps track of the citizenship of its inmates, but it is important to note that only around 13 percent of all prison inmates in the United States were held in federal prisons in 2022. The requirement to maintain such records varies among state and local jurisdictions.
It is highly probable that a significant number of the 425,431 migrants listed by ICE as non-detained are not currently incarcerated.
Regardless, it is clear that ICE is not holding a large number of criminal aliens in detention. As of September 8th, the administration was only detaining 37,395 migrants, and approximately 22,000 of them had prior criminal records.
It seems that ensuring the safety of American communities by preventing the entry of potentially dangerous immigrants is not a top concern for the administration.
ICE’s annual report for fiscal 2023 reveals that the administration is employing alternatives to detention for a significant number of immigrants in their custody. However, there are concerns about ICE’s ability to effectively monitor the whereabouts of these individuals.
According to a report from the Department of Homeland Security inspector general, a review of the records of 981,671 illegal border crossers who were apprehended and later released by the Border Patrol between March 2021 and August 2022 revealed that more than 177,000 of the address records were either missing, invalid for delivery, or not legitimate residential locations.
The findings, dated September 6, 2023, raise concerns about the accuracy and reliability of the information collected on these individuals.
ICE is facing difficulties in effectively removing deportable immigrants, possibly due to this reason. During fiscal 2023, there were 1,292,830 migrants who had received final deportation orders. However, ICE was only able to successfully remove 142,580 of them, which accounts for just 11 percent.
The administration has implemented measures to make it more challenging to start deportation proceedings against the migrants who have been released into the country. This applies specifically to those who are unable to prove a legal reason for staying and are unwilling to leave voluntarily.
On September 30, 2021, Secretary of the Department of Homeland Security (DHS), Alejandro N. Mayorkas, issued a memorandum outlining guidelines for determining when enforcement measures may be necessary.
The memorandum aims to limit enforcement actions to individuals who are deportable and pose a threat to national security, public safety, and border security, thereby endangering the well-being of the United States. Mayorkas emphasizes that the sole fact of an individual being deportable should not be sufficient grounds for initiating enforcement actions against them.
The administration has released over 5.4 million migrants into the U.S. who were deemed inadmissible and did not undergo the necessary visa screening process.
Additionally, there is no information available on the 1.9 million “got-aways” who crossed the border illegally without being apprehended. The potential threat to public safety posed by these 7.3 million migrants remains unknown.
In an effort to address the growing concern over the influx of illegal crossers and its potential impact on the upcoming elections, the administration struck a deal with the Mexican government. This partnership aimed to prevent migrants from traveling through Mexico and reaching our border.
This strategy has proven effective in reducing illegal crossings. However, it remains uncertain how long this decline will be sustained.
The Biden-Harris administration has released such a large number of migrants into the country that the immigration court is now facing a significant backlog of cases.
When the administration took office, the backlog was already at 1,290,766 cases. However, by the end of August, it had skyrocketed to 3,709,569 cases. This overwhelming increase in cases has put immense pressure on the immigration court system.
The administration’s proposal in the border bill includes funding for additional immigration judges. However, the bill severely underestimates the number of judges needed to effectively address the backlog.
By the end of August, the immigration court had received a staggering 1,718,247 new cases in fiscal 2024. However, it had only managed to close 837,352 cases. If the court continues at this rate without any new cases, it would take a daunting four years to clear the backlog.
In my opinion, the Biden-Harris administration has exceeded the tipping point by allowing over 7 million inadmissible migrants to enter the country. This has led to a range of problems that cannot be easily resolved within the confines of political acceptability.
