Over 40% Of Migrants Released Under Blocked Biden Policy Failed to Check In With ICE Within Allotted Time

A substantial minority of migrants released under a now-blocked migrant release policy enacted by the Biden administration in May failed to check in with Immigration and Customs Enforcement (ICE) as required, and a federal judge concluded that it shows the “inefficacy” of the program.

The numbers emerged in a court filing in the case over the Biden administration’s Parole with Conditions policy, which briefly saw migrants released into the U.S. without court dates due to overcrowding before the end of Title 42 May 11. One of the conditions was to check in with Immigration and Customs Enforcement (ICE) within 60 days.

The Department of Homeland Security previously said it released more than 6,000 migrants into the U.S. under the policy, which was implemented May 10 but shut down just over 24 hours later after a lawsuit from Florida.

Judge T. Kent Wetherell issued a temporary restraining order and later agreed to a lengthier preliminary injunction as he found the policy was similar to a previous policy under which migrants were paroled into the U.S. into Alternatives to Detention.

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“Not surprisingly, a substantial number (41%) of the aliens did not check in with ICE as directed,” Wetherell said. “And, of those aliens who did check in, only a fraction have been issued an NTA — which means that immigration proceedings against those aliens have not even commenced.

“All totaled, only 18% (464/2572) of the aliens released under the PWC policy after it was enjoined by the Court have been issued an NTA and placed in removal proceedings. {snip}.”

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“But even more troubling is the fact that DHS apparently does not have a plan in place to track down the aliens who are in violation of the conditions of their ‘parole ’— and, thus, unlawfully in the country,” he said.

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“Given that the initiation of removal proceedings is what was supposed to happen if the alien had checked in as directed, it is hard to understand why DHS thinks that aliens will take any of its directives seriously if their ‘punishment’ for not doing so ends up being the same thing that would have happened if they complied,” he said.

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