Washington, D.C. — Today, America First Legal (AFL) filed Freedom of Information Act (FOIA) requests with the Department of Homeland Security, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement requesting all records relating to the creation and implementation of “catch-and-release” policies, and in particular, the decision to stop issuing migrants CBP apprehends a “Notice to Appear.” 

Through its outright refusal to enforce existing immigration laws, including its failure to issue illegal border crossers charging documents to initiate removal proceedings in immigration court, the Biden Administration has taken open border practices to the next level. And while the Administration tries to spin a narrative that everything is okay and illegal aliens turn themselves in to be deported, Secretary Mayorkas still refuses–now for a third time–to provide any real data or statistics while under oath in the Senate.

The impact of this administration’s failures will not only result in the continued increase of illegal border crossings, but will also result in the ultimate removal of few, if any, aliens at the end of their immigration court proceedings. We know, as Axios reported today, that roughly 50,000 migrants have been released into the United States without a court date. Without a clear picture of all the data, not just snippets leaked to the press, the American people have no way of knowing the full scope and impact these “catch-and-release” are having. 

What is clear is that the Biden Administration has turned CBP into a de-facto welcoming committee, rather than an agency dedicated to defending American sovereignty, for any migrant who wishes to break our laws.

AFL will continue to expose the Administration’s mismanagement of the border. 

Read the Department of Homeland Security FOIA here.

Read the Customs and Border Protection FOIA here.

Read the Immigration and Customs Enforcement FOIA here.