EXCLUSIVE: Biden Begins Immediate Catch-and-Release of Migrant Families Without Issuing Court Dates

FILE - In this Friday, Feb. 26, 2021, file photo, a migrant family crosses the border into El Paso, Texas, in Ciudad Juarez, Mexico. The Biden administration hopes to relieve the strain of thousands of unaccompanied children coming to the southern border by terminating a 2018 Trump-era order that discouraged …
AP File Photo/Christian Chavez

A senior-level law enforcement source with U.S.Customs and Border Protection (CBP) in the Rio Grande Valley revealed the implementation of a plan to release migrant families soon after apprehension. The plan radically changes how illegal migrants have been processed in the past and orders Border Patrol agents to quickly release migrant families without notifying the immigration courts or issuing a Notice to Appear.

“This is insane, it is another pull factor that will overwhelm us,” a CBP official with knowledge of the plan told Breitbart Texas anonymously because he is not authorized to speak publically on the matter. “We are creating another entirely different class of aliens we will have to deal with years from now. We will never find most of these aliens once they are released.”

Breitbart Texas confirmed the report with a second official operating under the umbrella of CBP.

The implementation of the plan follows a short discussion of the matter reported on by Breitbart News late Saturday night.

The migrant families will be released without a Notice to Appear, a formal charging document that begins the removal process according to sources. The plan was implemented early Sunday morning and is now in effect.

The source states the plan allows for “prosecutorial discretion” by the Border Patrol for all migrants who enter with children to include whole family units. A one-sheet arrest report is completed, along with criminal record checks and a photograph of the migrant. The new process relies on migrants to tell officials what city they will be traveling to. The migrant is subsequently asked to report to the nearest immigration court office when they arrive so that they can place themselves into formal removal proceedings.

The source believes this to be an impossible feat for the immigration courts to achieve. He further added, “If we can’t process them with our staffing of thousands and are being overwhelmed, the minimal staffing of court clerks around the country will never catch up — even if the migrant shows up.”

Without a Notice to Appear, the migrants are free to travel about the country and are not officially placed into the immigration court system. The court cannot order the removal of a migrant in absentia for failing to appear for a future court date, the source explained. the existence of a removal in absentia order from the court allows immigration officials to remove the alien without appeal if they are later encountered. Under this new process, the migrants will not have a removal in absentia order for failure to appear officials issued no order to appear under the unprecedented plan put in place by the Biden administration on Sunday morning.

This is yet another pull factor that will entice more migrants to make the journey north. The source reports the new procedure is only being implemented in the Rio Grande Valley Sector of the Border Patrol in South Texas. This is troubling to the source.

“If they are not doing this in the Laredo or Del Rio Sectors, guess what, their traffic will come here to benefit from the immediate release, this plan will likely backfire,” the source explained.

The CBP official said this plan is a result of capacity issues at Border Patrol stations but feels this will only exacerbate the issues they are dealing with.

“We may be reducing the time it takes to release a family unit but if we encourage more to come once they find out it is quicker here, we’ll be in the same boat again,” the official concluded.

Randy Clark is a 32-year veteran of the United States Border Patrol.  Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on Twitter @RandyClarkBBTX.



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