DHS: No Evidence Released Migrants Will Show Up for Removal Proceedings After Title 42

Rio Grande Valley Sector Border Patrol agents apprehend a large group of migrants near Rom
U.S. Border Patrol/Rio Grande Valley Sector

In a leaked report from the Department of Homeland Security, officials noted that only a low percentage of migrants released under the Biden Administration’s Alternative to Detention program show up for removal proceedings. The report notes “there is no evidence that a higher percentage of noncitizens will report for removal proceedings in the future if released, regardless of how expeditiously they are processed.”

The startling revelation comes in a leaked 115-page DHS Southwest Border Mass Irregular Migration Contingency Plan first reported by Breitbart Texas’ Randy Clark. The plan reveals the expected increase in illegal immigration that is expected to follow the end of the CDC’s Title 42 coronavirus protection protocol that allows Border Patrol agents to quickly expel migrants to Mexico or their country of origin after they illegally cross the border from Mexico.

In March 2021, Clark first reported that the Biden administration began the Alternative to Detention program where migrants were released at the border without a Notice to Appear.

“This is insane, it is another pull factor that will overwhelm us,” a CBP official with knowledge of the plan told Breitbart Texas. “We are creating another entirely different class of aliens we will have to deal with years from now. We will never find most of these aliens once they are released.”

In the DHS contingency plan under a section titled, Critical Assumptions, officials noted “ICE ATD [Alternative to Detention] will be implemented on a greater scale.” The footnote for this paragraph adds:

Increased processing speeds, throughput, and the use of ATD is the quickest solution for processing FMUA [Family Unit Aliens] where T42 is no longer viable. However, relatively low percentages of FMUA reported for removal proceedings in the past once released on ATD. There is no evidence that a higher percentage of noncitizens will report for removal proceedings in the future if released, regardless of how expeditiously they are processed.

Further in the Critical Assumptions section, officials stated:

Current pathways to removal will be limited. Component use of broadscale release mechanisms (i.e., Own Recognizance (OR) with issuance of a Notice to Appear (NTA), or parole and Altematives to Detention (ATD) with administrative tools are necessary to ensure humane and efficient treatment of migrants.

The footnote for this section clarifies that officials believe the traditional screening processes will become overwhelmed and DHS will focus on “increasing broadscale release techniques.”

Unofficial reports from Border Patrol revealed that more than one million migrants were apprehended so far this fiscal year. Official numbers reported by CBP show that between October 1, 2021, and February 28, 2022, Border Patrol agents apprehended nearly 137,000 FMUAs under Title 8 authority — an increase of approximately 36 percent over the prior year. An additional 53,000 FMUAs were processed under the sunsetting Title 42 authority and returned to Mexico or their country of origin. Most of these have been released into the public and, as noted above, most will not show up for ICE removal proceedings as required under the terms of their release.

An additional 53,000 FMUAs were processed under the sunsetting Title 42 authority and returned to Mexico or their country of origin. Once Title 42 is terminated, migrants in this category would add to the number being released.

During FY21, agents arrested just over 324,000 FMUAs under Title 8.

McAllen, Texas, Mayor Javier Villalobos — a border community mayor — said the end of Title 42 will lead to an unprecedented level of irregular migration, Breitbart Texas reported.

When the administration announced the pending end of Title 42 last week, Texas Governor Greg Abbott responded, calling the Biden administration’s open borders policies an “unmitigated disaster.”

“Ending Title 42 expulsions will signal to cartels and migrants alike that our southern border is now wide open — inciting even more violence, more trafficking, and more lawlessness,” Governor Abbott said in a written statement. “President Biden clearly has no intention to secure the border by faithfully executing Congress’ command to detain and deport illegal immigrants.”

“Instead of listening to the millions of Americans that his administration has endangered — and instead of enforcing immigration laws passed by Congress — President Biden has chosen to jeopardize the safety and security of those very Americans he swore to protect and defend by ending Title 42 expulsions,” the governor added.

Southwest Border Mass Irreg… by BreitbartTexas

Bob Price serves as associate editor and senior news contributor for the Breitbart Texas-Border team. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday-morning talk show. Follow him on Twitter @BobPriceBBTX and Facebook.

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