Still Awaiting Court Dates, Migrants Suffer the Effects of ‘Band-Aid’ Fixes to Our Broken Immigration System

BY AMERICAN IMMIGRATION COUNCIL STAFF

When asylum seekers arrive in the United States, so long as they are not rapidly deported or expelled, the government is generally supposed to issue them a “Notice to Appear” (NTA). This charging document formally begins the immigration court process.

But a new report from NBC News indicates that, based on records they have received, nearly 600,000 migrants who crossed into the United States and were released at the border since March 2021 were not given an NTA when they entered. This has left them without court dates, which could make it harder for them to navigate the complicated asylum process. However, the report leaves out important context as to why releases occurred in the first place.

The NBC report analyzed data on “family units” (parents arriving with their children) released at the border through two U.S. Customs and Border

Protection (CBP) policies started in 2021. These policies were implemented in an attempt to protect children from some of the horrors they faced while detained in CBP facilities under the Trump administration.

The first program was the use of a new form called a Notice to Report (NTR), beginning in late March 2021. Families were given a document that instructed them to report to any U.S. Immigration and Customs Enforcement (ICE) office, usually within 60 days, where they would ostensibly be given an NTA

Approximately 94,000 family members were released under the NTR program. Ultimately, the program was fraught with problems. While still in the midst of a global pandemic, migrants were asked to stand in enormous lines outside ICE field offices without any appointment. This process was chaotic, as ICE was still operating under COVID restrictions and unable to handle the volume. Many migrants given NTRs were not able to check-in as required.

In an effort to address problems with the NTR process, in late 2021 the gov- ernment attempted to mail tens of thousands of NTAs to migrants who were given NTRs. The effort, referred to as “Operation Horizon,” was also riddled with problems, as migrants’ addresses had changed or were not adequately collected at the border. The NTR program was ended in November 2021 after only six months of use.

The second program is commonly referred to as “parole plus ATD.” This program was first initiated in July 2021. It allowed for migrant families to enter the United States under parole—a common practice used at various times to respond to crises that lead to increased numbers of people at our borders. The head of the family was then also enrolled in an Alternative To Detention (ATD) program, which allowed ICE to track the family through a form of electronic monitoring.

Both programs led to problems for individuals seeking asylum. Without a charging document filed with a court, an asylum seeker cannot file an application