No 'Notice to Appear' Receipts for More than Half Illegal Alien Children

There’s a vast difference between the number of “Notice to Appear” receipts in government files and the number of illegal alien children who have been apprehended since 2013.

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National Review Online reports that only about 4 in 10 illegal children have apparently been given a notice to appear for a deportation hearing.

U.S. Customs and Border Protection data show more than 85,000 total apprehensions of unaccompanied alien children during fiscal year 2013 and fiscal year 2014 through June. Information from the same time period provided to National Review Online by the DOJ’s Executive Office for Immigration Review shows 41,592 total receipts marked as juvenile in immigration courts. Kathryn Mattingly, spokesperson for EOIR, tells NRO the receipts refer to new Notices to Appear (NTA) — the document the Department of Homeland Security uses to charge an illegal immigrant with being removable from the United States.

EOIR has recorded 20,814 receipts marked as juvenile in fiscal year 2014 as of June 30, but Border Patrol recorded 57,525 apprehensions of unaccompanied alien children during the same time frame. This means immigration courts have receipts for fewer than four out of every ten unaccompanied alien children apprehended by Border Patrol this fiscal year. Mattingly said EOIR stands behind the numbers of receipts it has recorded, but would not speak about the difference between the number of juvenile receipts and CBP’s apprehension data.

Within DHS, Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services have the authority to charge unaccompanied alien children. An ICE spokesperson declined to comment on this story, and a USCIS spokesperson referred questions to DHS, which did not respond to requests for comment. A CBP spokesperson responded to NRO’s requests in an e-mail with a link to apprehension data publicly available on CBP’s website but did not provide comment about the number of NTAs issued to illegal-immigrant children.

Jessica Vaughan, director of policy studies at the Center for Immigration Studies, tells NRO it is difficult to determine how much of the discrepancy in apprehensions and receipts appears deliberate and how much resulted because federal officials were overwhelmed with work. “But I think it’s really willful negligence on the part of DHS leadership to allow this already dysfunctional system to become even more overwhelmed,” she says. “It’s just like deliberate chaos.”

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Given the crush at the border for the last two years, it is more likely a product of agents being too busy to fill out the paperwork, rather than a deliberate effort to lose track of these kids.

Regardless, the effect is the same. Tens of thousands of children will now be able to disappear into our communities and the federal government will never know where they are.

I guess that’s one way to lighten the judicial load on immigration judges.

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