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Under circumstances at the southern border created by Biden administration actions, the contentious “catch and release” of illegal immigrants has become a bit more complicated, as the Border Patrol is now releasing thousands of illegal aliens into the country without a court date.
Article by Fred Lucas from Daily Signal.
Generally, after apprehension, it’s the Border Patrol that processes the illegal border crossers and issues a notice for them to appear in immigration court. However, with the flood of migrants crossing the border, the Border Patrol instead has begun issuing them a “notice to report” to Immigration and Customs Enforcement in 60 days.
Even border hawks are split on its potential effectiveness. A chief complaint is that the Biden administration is engaged in something lacking statutory teeth. On the other hand, the illegal border crossers getting only a “notice to report” will not have an automatic formal status in the country.
Now, if illegal immigrants who are released want the quasi-legal status and benefits of a notice to appear—such as a conditional work permit in the United States—they will have to report to ICE before awaiting adjudication of their asylum claims.
“When [illegal immigrants] don’t have a notice to appear, they don’t have any legal status,” Mark Morgan, former acting commissioner of Customs and Border Protection in the Trump administration, explained to The Daily Signal. “The Border Patrol is overwhelmed. The Biden administration caused this crisis.”
Under catch and release, when the Border Patrol issues a notice to appear for a future date in immigration court, the overwhelming majority of illegal immigrants do not complete the court and adjudication process, said Morgan, now a visiting fellow for national security and foreign policy at The Heritage Foundation, the parent organization of The Daily Signal.
“A good percentage show up for the master hearing. But an overwhelming majority don’t follow through the process. In the end, the [notices to appear] are useless,” he said. “Now, to have a notice to report to ICE, it puts the onus on the illegal immigrant to get the status.”
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However, Andrew Arthur, a former immigration judge and Justice Department lawyer, said he wonders whether ICE is aware of the immigrants being released, and he wants to know the report rate.
“The entire system is turned on its head with catch and release. This is the definition of open borders,” said Arthur, now a resident fellow in law and policy for the Center for Immigration Studies, a pro-border enforcement research institute. “The Biden administration has forced the Border Patrol into a bad situation of just managing decline. I don’t blame the Border Patrol. This is just an indication of a system in collapse.”
Arthur said releasing immigrants before giving them a statute-based notice is important, adding that most illegal immigrants show up at least for the initial hearing to attempt to win their asylum case to gain permanent status.
There is some motivation for an illegal immigrant to report to ICE, but the process is still not in federal statute, contends Chuck DeVore, vice president of national initiatives for the Texas Public Policy Foundation.
“There is no basis in statute. This is extralegal,” DeVore, a former California state Assembly member, told The Daily Signal. “It is clearly done to prevent large backups at the border. A notice to appear requires time and cooperation with the immigration court for a date. … Previously, before the rush, Border Patrol could fingerprint people, get photographs, and DNA tests to affirm they are who they say they are.”
A notice to appear in immigration court allows an illegal immigrant to get a conditional work permit while awaiting adjudication of his or her case, DeVore explained.
“The only motivation they have is if they can report for a work permit,” he added. “If that’s the case, they can go to an immigration court and say they have been in the United States for five years, integrated into the community, and a judge will take that into account, even if that person has no legitimate claim to asylum.”
In May, Troy Miller, the acting commissioner of U.S. Customs and Border Protection, told the House Appropriations subcommittee on homeland security that the Border Patrol still collects biometrics and facial recognition when issuing notices to report.
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“This is not a decision we made lightly … given the capacity in our facilities and the need to decompress our facilities, to keep not only the folks in our custody safe, but to keep our agents and officers safe,” Miller told the House panel.
He later added, “The notice-to-report process cut the paperwork in half. But let me clear up some misconceptions about the notice to report. Agents perform the same national security and border security checks they do as they would with notice to appear.”
Among the first lawmakers to bring up the issue was a Democrat, Rep. Henry Cuellar of Texas, who complained in March that Customs and Border Protection had already released 2,000 illegal immigrants into the United States without a court date, 150 of those over a weekend.
Customs and Border Protection did not respond to The Daily Signal’s inquiry for this story by publication. But in April, the CBP told The New York Post in a statement that family units were not given court notices.
“The process for providing someone with a Notice to Appear (NTA) frequently takes hours, which contributed to overcrowding in some Border Patrol facilities,” the statement to the Post said, later adding, “To reduce confusion, beginning on March 24, CBP included a notation on the form providing these individuals with a notice to report to an ICE office to commence their immigration proceedings.”
New Conservative Network Seeks Crowdfunding Help
They say we have to go big or go home. We’re trying to go big and bring the patriotic truth the the nation, but we need help.
Readers may or may not realize that over the past year, we’ve been bringing more conservative news and opinion outlets under our wing. Don’t take our expansion as a sign of riches; all of the “acquisitions” have been through sweat and promises of greater things to come for all involved. As a result, we’ve been able to bring together several independent media sites under a unified vision of preventing America from succumbing to the progressive, “woke,” Neo-Marxist ideologies that are spreading like wildfire across America.
The slow and steady reopening of America is revealing there was a lot more economic hardship brought about from the Covd-19 lockdowns than most realize. While we continue to hope advertising dollars on the sites go up, it’s simply not enough to do things the right way. We are currently experiencing a gap between revenue and expenses that cannot be overcome by click-ads and MyPillow promos alone (promo code “NOQ” by the way).
To overcome our revenue gap and keep these sites running, our needs fluctuate between $3000-$7000 per month. In other words, we’re in the red and hemorrhaging.
The best way you can help us grow and continue to bring the truth to the people is by donating. We appreciate everything, whether a dollar or $10,000. Anything brings us closer to a point of stability when we can hire writers, editors, and support staff to make the America First message louder. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well.
As the world spirals towards radical progressivism, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report and the other sites in the network going.
Thank you and God Bless,
Will America-First News Outlets Make it to 2023?
Things are looking grim for conservative and populist news sites.
There’s something happening behind the scenes at several popular conservative news outlets. 2021 was bad, but 2022 is proving to be disastrous for news sites that aren’t “playing ball” with the corporate media narrative. It’s being said that advertisers are cracking down, forcing some of the biggest ad networks like Google and Yahoo to pull their inventory from conservative outlets. This has had two major effects. First, it has cooled most conservative outlets from discussing “taboo” topics like Pandemic Panic Theater, voter fraud, or The Great Reset. Second, it has isolated those ad networks that aren’t playing ball.
Certain topics are anathema for most ad networks. Speaking out against vaccines or vaccine mandates is a certain path to being demonetized. Highlighting voter fraud in the 2020 and future elections is another instant advertising death penalty. Throw in truthful stories about climate change hysteria, Critical Race Theory, and the border crisis and it’s easy to understand how difficult it is for America-First news outlets to spread the facts, share conservative opinions, and still pay the bills.
Without naming names, I have been told of several news outlets who have been forced to either consolidate with larger organizations or who have backed down on covering certain topics out of fear of being “canceled” by the ad networks. I get it. This is a business for many of us and it’s not very profitable. Those of us who do this for a living are often barely squeaking by, so loss of additional revenue can often mean being forced to make cuts. That means not being able to cover the topics properly. Its a Catch-22: Tell the truth and lose the money necessary to keep telling the truth, or avoid the truth and make enough money to survive. Those who have chosen survival simply aren’t able to spread the truth properly.
We will never avoid the truth. The Lord will provide if it is His will. Our job is simply to share the facts, spread the Gospel, and educate as many Americans as possible while exposing the forces of evil.
To those who have the means, we ask that you please donate. We have options available now, but there is no telling when those options will cancel us. We just launched a new GiveSendGo page. We also have our GivingFuel page. There have been many who have been canceled by PayPal, but for now it’s still an option. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!
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