Migrants freed without notice — sometimes no paperwork

Migrants undergo background checks and are tested for COVID-19.

The agency didn’t answer questions about how many migrants have been released without court notices or without documents at all.

Sister Norma Pimentel, executive director of Catholic Charities of Rio Grande Valley, knows of 10 to 15 families released without any paperwork since last week, an issue that has cropped up before when there are large increases in new arrivals.

“It’s a problem, it’s a situation we need to resolve, to make sure we follow up,” she said.

Migrants will be issued notices to appear in court at their 60-day check-ins with ICE, according to a U.S. official with knowledge of the plans.

It is unclear how widespread the practice has been, but it is common in Rio Grande Valley, the busiest corridor for illegal crossings.

Preparing a court appearance notice can take an hour to 90 minutes, said Chris Cabrera, spokesman for the National Border Patrol Council, a union that represents agents. He welcomed the change. “Honestly, from my end, I think it’s good because it’s less paperwork for our guys,” said Cabrera, who works in the Rio Grande Valley.

An uptick in the number of people crossing the border, especially children traveling alone and families, has filled up federal holding facilities.

The U.S. has been releasing families with children 6 and under and expelling families with older children under pandemic-related powers that deny an opportunity to seek asylum.

Immigration attorneys had mixed reactions to people being released without court notices or paperwork, particularly the requirement to check in with ICE.

They advise migrants to apply for a different route to asylum — one that’s only for people already in the country. In that option, they meet a Citizenship and Immigration Services asylum officer in a less adversarial environment and if denied, can appeal to an immigration judge, advocates say.

“It’s a whole different tone,” said Charlene D’Cruz, director of Lawyers for Good Government’s Project Corazon legal aid program. And if they fail, they get “a second bite at the apple” before a judge.