“Although we identified more than 32,000 UCs who did not appear for their immigration court dates, that number may have been much larger had ICE issued NTAs to the more than 291,000 UCs who were not placed into removal proceedings.”
Some 291,000 illegal immigrant children may unaccounted for under the Biden-Harris administration after the unnaccompanied minors crossed the border. The concern is that after they crossed the border they were not properly processed by the combination of agencies that are meant to track them through court dates and scheduled appearances. Many children, such as 90,000 who crossed in 2021, have not yet been given a court date. This information comes in a report entitled "Management Alert - ICE Cannot Monitor All Unaccompanied Migrant Children Released from DHS and U.S. Department of Health and Human Services' Custody."
According to the report from the Department of Homeland Security's Inspector General, between the Fiscal Year 2019 and 2023, ICE transferred more than 448,000 illegal immigrant children to the Department of Health and Human Services, the federal agency that is in charge of placing unaccompanied children (UC) in the US. Of those 32,000 did not appear for scheduled court dates and 291,000 were not given notices to appear in court.
The report reads:
"U.S. Immigration and Customs Enforcement (ICE) could not monitor the location and status of all unaccompanied migrant children (UCs) or initiate removal proceedings as needed. During our ongoing audit to assess ICE’s ability to monitor the location and status of UCs who were released or transferred from the custody of the Department of Homeland Security and U.S. Department of Health and Human Services (HHS), we learned ICE transferred more than 448,000 UCs to HHS from fiscal years 2019 to 2023. However, ICE was not able to account for the location of all UCs who were released by HHS and did not appear as scheduled in immigration court. ICE reported more than 32,000 UCs failed to appear for their immigration court hearings from FYs 2019 to 2023.
"Additionally, even though HHS is responsible for the care and custody of UCs, ICE did not always inform HHS’ Office of Refugee Resettlement (ORR) when UCs failed to appear in immigration court after release from HHS’ custody. ICE Enforcement and Removal Operations (ERO) officers at only one of the eight field offices we visited stated they attempted to locate the UCs. ICE also did not serve a Notice to Appear (NTA) on all UCs, after release from HHS custody, who warranted placement in removal proceedings under 8 U.S. Code Section 1229(a). As of May 2024, ICE had not served NTAs on more than 291,000 UCs who therefore do not yet have an immigration court date."
The report blamed reporting and data standards, before going on to say that "ICE must take immediate action to ensure the safety of UCs residing in the United States. Based on our audit work and according to ICE officials, UCs who do not appear for court are considered at higher risk for trafficking, exploitation, or forced labor. Although we identified more than 32,000 UCs who did not appear for their immigration court dates, that number may have been much larger had ICE issued NTAs to the more than 291,000 UCs who were not placed into removal proceedings. By not issuing NTAs to all UCs, ICE limits its chances of having contact with UCs when they are released from HHS’ custody, which reduces opportunities to verify their safety. Without an ability to monitor the location and status of UCs, ICE has no assurance UCs are safe from trafficking, exploitation, or forced labor."
"Finally, ICE has not served all UCs with NTAs," the report continued. "The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 established requirements for UCs DHS seeks to remove to be placed in removal proceedings under Section 240 of the Immigration and Nationality Act , 8 U.S. Code Section 1229(a). 10 Serving UCs with NTAs that are properly filed with DOJ initiates this process. As of May 2024, ICE had not served an NTA or scheduled a court date for more than 291,000 UCs. In each ICE location we visited, ERO could not serve NTAs on all UCs. At one location we visited, 34,823 (84 percent) of 41,638 UCs in the local area had not been served NTAs to initiate immigration proceedings."
OIG-24-46-Aug24 by The Post Millennial on Scribd
Libby’s Desk
Commentary and must-reads from Libby’s desk, straight to your inbox.
TPM Newsletter
The Post Millennial’s top stories, delivered to your inbox.
