A new report from the Office of the Inspector General (OIG) of the U.S. Department of Homeland Security has highlighted ongoing issues with U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) processes at a major international airport. Between fiscal years 2021 and 2023, CBP agents at this airport released at least 383 inadmissible travelers into the U.S. who were legally prohibited from entering the country. Instead of detaining and processing them for removal, these travelers were released and ordered to return on their own recognizance, with 168 (44%) failing to return for their removal flights.
The report, which redacts the name and location of the airport and regional offices, found that the regional CBP and ICE detention and removal processes were ineffective. ICE officials reportedly denied CBP’s overnight detention requests for inadmissible travelers due to “staffing and bed space limitations.” Additionally, CBP cited insufficient overtime funds to detain travelers after operating hours and logistical challenges in transferring travelers to another airport.
The investigation also revealed that CBP agents failed to issue “notices to appear” (NTAs) to 77 inadmissible travelers who did not return for their deportation flights. Issuing NTAs would have transferred these travelers to ICE for removal proceedings. CBP agents claimed they lacked an effective process to track inadmissible travelers who failed to return for their removal flights.
The OIG report also found that CBP reduced the number of staff responsible for issuing NTAs, contributing to a backlog of unissued NTAs for identified inadmissible travelers. This report follows previous OIG findings that CBP agents were not properly screening and vetting noncitizens released into the country, including known and suspected terrorists.
Despite claims of inadequate funding, Congress has increased CBP funding by $2.98 billion since fiscal 2021. However, the U.S. House Committee on Homeland Security identified consistent misuse and abuse of taxpayer resources by DHS, particularly through its failure to detain illegal aliens and use ICE detention resources as intended.
Under the Biden administration, ICE has not used detention facilities at full capacity, costing taxpayers between $1.3 billion and $1.43 billion annually. The administration’s fiscal 2024 budget requested significant cuts to CBP and ICE operations compared to fiscal 2023 levels. In contrast, the previous administration’s fiscal 2021 budget requested 60,000 ICE beds, whereas the Biden administration requested 32,500 and 25,000 beds for fiscal 2023 and 2024, respectively.
Homeland Security Secretary Alejandro Mayorkas has faced criticism for these policies. In a recent House Homeland Security budget hearing, U.S. Rep. Michael Guest, R-Miss., challenged Mayorkas on his request for fewer ICE detention beds than Congress funded. Despite being given more money than requested, Mayorkas has claimed that DHS lacks the financial resources needed to secure the southern border.
Since January 2021, over 11 million illegal entries have been recorded, including those who evaded capture. In the first six months of fiscal 2024, more than 1.7 million illegal entries were reported. In February, Mayorkas became the first sitting cabinet member in U.S. history to be impeached after claiming for years that the southern border was secure. In April, he admitted that there was a crisis at the southern border.
The OIG report underscores the need for improved processes and resources to address the ongoing challenges at the U.S. border and ensure the effective detention and removal of inadmissible travelers.
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