It's quite an enigma.
Under President Biden, illegal immigrants have been allowed to overwhelm U.S. cities and resources while they await a court date “to be determined” (to be determined), but if the Supreme Court rules they were not notified properly on the day to appear, which would clearly imply that the administration's approach to immigration is critically flawed: an “avalanche” of border jumpers who would otherwise have been deported would be poured back into the system .
That's the “heads you lose, tails we win” argument that Charles McCloud, the lawyer representing the government in a key upcoming immigration case revolving around the use of immigration notices, presented on Monday to the judges of the Supreme Court.
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Before being released into America, illegal immigrants are given a Notice to Appear (NTA) before an immigration court, Fox News Digital reports
“However, sometimes these documents when issued do not include a court date and just say 'TBD,'” the outlet explains. “A separate court date is later mailed to the illegal immigrant in these cases.”
If the immigrant doesn't show up by that date, the judge can order him or her deported “in absentia.”
The case before the Supreme Court “initially focused on an illegal immigrant from El Salvador who was given an NTA in 2005, and was sent a court date months later, but says he never received it “, according to Fox. “Two other illegal immigrants with similar situations have joined the case.”
The two separate mailings do not count as adequate notice as required by the statute, lawyers for the illegal immigrants argued.
Not only are the notices adequate, McCloud countered, but the number of in absentia removal orders has increased from 380 in 2021 to more than 11,000 in 2023.
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“We are very concerned that these hundreds of thousands of cases could be injected back into the immigration system,” he told the court during oral arguments. “So … this already substantial increase that we've seen is going to become an avalanche.”
If lower court orders were allowed to go to the Supreme Court, it wouldn't be fair to illegal immigrants who showed up for their hearings while others skipped the date hoping the order would be overturned, McLoud argued. .
“And that hurts other non-citizens who did follow the rules, who complied and went to their removal proceedings, because those non-citizens could be removed at the end of their proceedings, but somebody… who just decides ' I don't want to show up, it's by default, but it could always be overturned under the rule of the Ninth Circuit,” he said.
If there are any consequences, lawyers for illegal immigrants said, they would be a “function of the government ignoring the text of the statute for many cases and many years.”
While more motions would result from a SCOTUS ruling in favor of illegal immigrants, attorney Easha Anand said, an “avalanche” is “unlikely.”
“[F]or many, many noncitizens who don't have a path to stay in the United States, it's very unlikely that they're going to show up and file one of these motions to reopen because the best they're going to get is another hearing,” he said.
However, the numbers are surprising.
“The US currently faces a massive immigration backlog that has been growing for years, but has exploded amid the recent immigration crisis,” according to Fox News Digital. “The immigration court backlog now exceeds 3 million and the number of illegal immigrants on the non-detained docket is now over 6 million.”
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