Immigration Judges Preventing Deportation of Illegals

Handout from office of U.S. Representative Cuellar shows illegal immigrants at a U.S. Department of Health and Human Services facility in South Texas

The court system is protecting the illegals, a new report reveals.  Almost 100,000 illegal immigrants – some of them criminals – were allowed to remain in the U.S. within the past 10 months – their DHS deportation orders overruled by immigration judges across the country.

According to a new report by a Syracuse University-based non-profit, the Transactional Records Access Clearinghouse (TRAC), the Department of Homeland Security has attempted to deport 96,223 illegal immigrants but immigration judges have denied the deportation orders.

“It’s concerning to me that the immigration courts are becoming such a frequently used back-door route to green cards,” said Jessica Vaughan, director of Policy Studies for the Center for Immigration Studies, a Washington, DC-based research institute, noting these cases will be nearly 10 percent of the green cards approved in 2016.

“Many of them arrived illegally, and are being awarded legal status simply because they managed to stay a long time and have acquired family members here.”

At least 25 percent of the illegal immigrants whose deportations have been halted by the judges are from Mexico, TRAC reported.

Another 44 percent were from El Salvador, Guatemala and Honduras.

Excuses given for allowing illegals to remain in the country:

“… the judge can find that the government did not meet its burden to show the individual was deportable,” the report stated. “Or, the judge may have found that the individual was entitled to asylum in this country, or may grant relief from removal under other provisions of the law.

“A person also may be allowed to remain because the government requests that the case be administratively closed through the exercise of ICE’s prosecutorial discretion, or for some other reason,” the report also stated.

Based on the past 10 months, at this rate, TRAC estimates denied deportations this year will surpass last year’s record number of 106,676.

At the top of the list is the Phoenix federal immigration court, halting deportations in over 82 percent of its 3,554 cases so far this year.

Next is the New York immigration court, at 81.5 percent of the 16,152 cases closed.

Denver is 3rd on the list, halting deportations in 78 percent of its 831 cases.

Ira Mehlman, spokesman for the Federation for American Immigration Reform (FAIR), said, “This is by design.  The longer the attorneys draw out the cases, the better it is for their clients because the likelihood that they will get to stay in the country increases. It is also better for the immigration attorneys because they can charge more fees.”

“From the judge’s perspective, because the courts are so backlogged, it is easier to let people stay in the country than actually try to remove them,” he said. “There are endless layers of appeal and no finality in it.”




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