|(18 Oct 2022)
As of the end of September 2022, Immigration Court judges dismissed a total of 63,586 cases because Department of Homeland Security officials, chiefly Border Patrol agents, are not filing the actual "Notice to Appear" (NTA) with the Immigration Court. Without a filed NTA, the Court has no jurisdiction to hear the case.
The latest court records obtained and analyzed by TRAC reveal that one out of every six Court cases were thrown out for this reason this past fiscal year. The sheer number of these cases each month have not materially fallen. In September 2022 there were roughly 5,200 cases thrown out by Immigration Judges – roughly the same as the monthly average this year.
As TRAC earlier reported, this failure to file a NTA occurs because Customs and Border Protection officials fail to send a copy of the NTA to the Court after providing a copy to the immigrant.
This is exceedingly wasteful of the Court's time. It is also problematic for the immigrant (and possibly their attorney) if they show up at hearings only to have the case dismissed, leaving them in limbo.
The public continues to be left in the dark as to what ultimately happens to these cases and the immigrant involved. The DHS needs to provide a public accounting.
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