Texas tops nation in illegal migrant no-shows
About 40 percent don't go to court hearings; U.S. figure is 23 percent
Roughly four out of every 10 illegal immigrants in deportation proceedings in Texas failed to appear in court last year, according to statistics from the Department of Justice. The number has increased every year for the last three years.
Illegal immigrants scheduled to appear before judges in Texas in 2004 disregarded hearings at a higher rate – roughly 40 percent – than those in any other state, documents show. Nationally, 23 percent failed to appear.
Some experts say that an increase in the number of non-Mexican illegal immigrants – who are arrested but frequently not detained – is partly to blame.
Non-Mexican immigrants are often released on low bails or their own recognizance due to a lack of detention space. Many have no incentive to appear in court, some experts say. Mexicans who try to immigrate illegally and who are stopped at the border are generally returned home voluntarily.
Rep. Solomon Ortiz, D-Corpus Christi, who is expected to testify today before the House subcommittee on immigration and border security, said the practice of
releasing illegal immigrants could pose a threat to national security if not addressed. "It's a process that is broken," Mr. Ortiz said. "Until we send a concise and clear message to those countries that 'We are going to pick you up, and you're going to be deported and we're going to make you go through due process,' they're not going to stop coming in."
The number of
non-Mexicans released on their own recognizance increased from roughly 5,700 in 2002 to 30,700 last year. T.J. Bonner, president of the National Border Patrol Council, said that
most non-Mexican illegal immigrants enter through the southern tip of Texas and that agents are releasing an increasing number of them because of limited detention space. Border Patrol agents
detained more than 75,000 undocumented non-Mexicans nationwide last year, more than double the number arrested in 2000.
Immigration judges in
Harlingen and San Antonio handled dockets with the highest absentee rates in the nation,
85 percent and 57 percent, respectively. By comparison, judges in El Paso and Dallas saw higher attendance rates with roughly 14 percent of illegal immigrants failing to appear. Judges in other border cities, such as San Diego and Tucson, Ariz., also saw a comparatively low failure-to-appear rates, 7 percent and 6 percent, respectively.
Non-Mexicans are generally charged with illegal entry and summoned to appear before an immigration judge near their destination city. Due to backlogs, some immigrants may not be summoned for months after their arrival. In years past, a higher percentage of non-Mexicans were released on high bonds or detained pending their court date, Mr. Bonner and others said.
Funding for
detention facilities for immigrants in proceedings has remained flat while the number of arrests of non-Mexicans has continued to increase, documents show. "It's a matter of establishing priorities," said Carl Rusnok, a spokesman for U.S. Immigration and Customs Enforcement, the Department of Homeland Security agency that handles detention and removal operations. "We only release those aliens that don't present a threat to national security and the public."
This year, immigration officials received
funding to detain roughly 19,500 foreigners in deportation proceedings at any given time. Detaining an immigrant in deportation proceedings costs the government about $88 per day, officials said. Immigration judges do not have the authority to order law enforcement officials to arrest illegal immigrants who have disregarded hearings or final deportation orders.
"We have no enforcement power," said Gregory Gagne, a spokesman for the Executive Office for Immigration Review, the administrative arm of the Department of Justice that oversees judicial immigration proceedings. "We can only rule on cases that come before us." Immigrants who are deported in absentia are added to a list of so-called absconders maintained by ICE. Shortly after the Department of Homeland Security was created,
officials announced a plan to round up 314,000 illegal immigrants who had disregarded final deportation orders. Officials now estimate that the list contains more than 400,000 names.
ICE field offices in the country are in the process of creating absconder teams, groups of agents dedicated to arresting illegal immigrants who disregard final deportation orders. Eighteen ICE field offices have absconder teams, and officials intend to create more than 40 nationwide in the near future, Mr. Rusnok said.
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