The National Border Patrol Council’s Vice President, Art Del Cueto, has strongly refuted President Biden’s claim during the CNN Presidential Debate that he has the group’s endorsement. This dispute comes amidst a broader conversation about immigration policy, fueled by a new analysis from the National Immigration Center for Enforcement (NICE), a conservative group, which highlights a concerning trend: a relatively small number of illegal immigrants are currently enrolled in any form of federal supervision.
This analysis, which has been widely shared by House Republicans, cites a study by the Federation for American Immigration Reform that estimates there are 16.8 million illegal immigrants in the U.S. From there, NICE’s analysis uses data confirmed by Fox News, revealing that over 7 million illegal immigrants are on the non-detained docket, meaning they are not under supervision or detention. The remaining individuals include those who have evaded detection (gotaways), visa overstays, and others.
Despite these significant numbers, data from the Transactional Records Access Clearinghouse at Syracuse University shows that only around 41,500 individuals are currently detained in ICE custody, while over 180,000 are enrolled in ICE’s Alternatives to Detention (ATD) program. This program utilizes case management and technology, including GPS and ankle monitors, to track illegal immigrants who are not detained. As part of ATD, the Intensive Supervision Appearance Program (ISAP) further monitors individuals. These statistics demonstrate that less than 2% of illegal immigrants are currently under ICE detention or participating in ATD.
While a 2022 DHS document noted that approximately 3% of the non-detained docket was enrolled in ATD, the number of individuals on the non-detained docket has significantly increased since then. The DHS did not respond to a request for comment on the analysis. The analysis has been used as a rallying point by top Republicans in the House and Senate, including Speaker Mike Johnson, amidst the ongoing political battle over border security and immigration policy. The analysis has spurred calls for stricter enforcement measures and a shift in policy.
The Biden administration, in contrast, has repeatedly called for increased funding and comprehensive reforms to address what it considers a broken immigration system. The administration maintains that bills aimed at providing such funding, including a bipartisan Senate bill earlier this year, have been blocked by Republicans for political motivations. The administration has also emphasized its efforts to remove or return illegal immigrants, claiming to have achieved record removals in the past fiscal year. They have also pointed to recent executive actions aimed at limiting asylum claims when entries exceed a certain threshold.
During the recent presidential debate, President Biden accused former President Trump of obstructing bipartisan legislation for political gain. He specifically cited a bipartisan deal that included increased funding for border security measures, including fentanyl detection machines and additional border agents, which he claimed was blocked by Trump. Biden stated that Trump had urged his Republican colleagues not to support the deal, citing potential political harm to himself, without disputing the bill’s merit.
However, Republicans argue that these bills are insufficient to resolve the ongoing border crisis and place the blame squarely on the Biden administration. They assert that the administration’s decision to reverse Trump-era policies and release migrants into the interior rather than detaining them has created the current situation. In response, House Republicans passed their own legislation last year aimed at halting illegal entries and expanding certain funding avenues. They have also initiated impeachment proceedings against DHS Secretary Alejandro Mayorkas, although the articles were ultimately rejected by the Senate.
RJ Hauman, president of NICE, told Fox News Digital that President Biden’s refusal to detain illegal immigrants as required by law is a deliberate choice, citing the influence of groups advocating for the abolishment of ICE, who oppose both custodial detention and GPS monitoring. He argues that this policy has led to a rise in lawlessness at the border and preventable crime. Hauman warns that the lack of supervision, with nearly 99% of illegal immigrants currently unsupervised by ICE, will only exacerbate the situation. He concludes that the American people must act to end this situation in the upcoming November elections.
House Homeland Security Committee Chair Mark Green further echoed these sentiments, stating to Fox News Digital that the Biden administration has repeatedly demonstrated a disregard for the law, including provisions in the Immigration and Nationality Act requiring the detention of inadmissible aliens. He asserts that this deliberate disregard for the law is a primary reason behind Secretary Mayorkas’ impeachment, a historic first for a sitting cabinet official. Green highlights the numerous instances where individuals released by DHS have gone on to commit serious crimes in communities across the country, arguing that the consequences of this lawlessness are unbearable, except for those who support open borders.
This clash of perspectives highlights the deep political divisions surrounding immigration policy in the U.S. The analysis by NICE has served as a catalyst for renewed calls for stricter enforcement measures and a shift in policy direction, placing the issue at the forefront of the ongoing political debate.
