Biden admin’s failure to file court paperwork resulted in 200,000 deportation cases being thrown out

According to Transactional Records Access Clearinghouse (TRAC), the DHS is required to file Notices to Appear with the immigration court. These notices are given to illegal immigrants at the border and a court date is scheduled during which a court will decide whether the illegal immigrant will be deported.

The DHS failed to file these notices before the scheduled court date in around 200,000 cases, resulting in these cases being thrown out.

TRAC noted that the increase in such cases came after DHS personnel were given access to the Immigration Court’s Interactive Scheduling System (ISS), which allows agents to directly schedule a hearing, and these hearings sometimes being set before an NTA can be filed.

If the case is dismissed, the government can file a new case against the illegal immigrant, but TRAC data revealed that in roughly 75 percent of cases, the DHS did not reissue a case.

The number of dismissals skyrocketed when Biden took office, with fiscal year 2021 seeing 10.6 percent of cases dismissed, up from 3.6 percent the year prior. In fiscal year 2022, 10 percent of cases were dismissed. Fiscal year 2023 saw a decrease in dismissed cases, with 4.8 percent being dismissed, and in the current fiscal year 2024, 1.1 percent of cases have been dismissed as of February.

TRAC also noted that the number of dismissals varied based on location, with Houston, Texas, and Miami, Florida seeing the highest number of dismissals since fiscal year 2021. Houston has seen 54 percent of cases be dismissed, and Miami saw 50 percent dismissed.