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Roughly 200,000 migrants have had their deportation cases dismissed since 2020 after the Department of Homeland Security failed to file the required documents.
A new report from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University found that the Department of Homeland Security (DHS) failed to submit “Notice to Appear” (NTA) papers for a massive number of deportation cases.
Deportation cases begin when DHS issues an NTA that presents allegations about why the non-citizen can and should be deported to their home country. However, a failure to file this paperwork with the immigration court means the case must be dismissed since the court would have no jurisdiction.
Over 41 months from the start of FY2021 to the end of February 2024, 9% of all deportation cases were dropped. FY2021 saw the greatest share of cases dismissed, at 10.6%.
According to the TRAC study, the largest number of dismissals occurred during FY2022, when the courts were forced to drop 79,592 cases due to DHS’s failure to submit NTA papers.
The total number of dismissals remained high during FY2023 at 68,869, but the proportion of dismissals dropped to 4.8% for the year.
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