Biden admin sending court docs to tens of thousands of migrants released into US

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The Biden administration is launching an effort to send court documents to tens of thousands of immigrants who crossed the border illegally and who were released into the United States as authorities struggled to cope with the enormous influx of migrants hitting the border each month.

An Immigration and Customs Enforcement (ICE) spokesperson confirmed to Fox News that ICE is sending charging documents to migrants who were either paroled or released under prosecutorial discretion by Customs and Border Protection (CBP.) 

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The move was first reported by CBS News, which reported that approximately 78,000 migrants will be sent notices to appear in court.

A Border Patrol agent talks to migrants after they were detained and taken into custody, March 21, 2021, in Abram-Perezville, Texas. Biden took office on Jan. 20 and almost immediately, numbers of migrants exceeded expectations. (AP Photo/Julio Cortez, File)

Migrants who are released into the interior are typically given an NTA, which directs them to show up at an immigration court to begin their proceedings at a specific date. However, the timely process was abandoned in many cases as Border Patrol faced record high migrant encounters.

As a result, they began processing migrants into the interior with Notices to Report, which tell migrants to check in with a local ICE facility within 60 days, and does not formally enroll them in immigration proceedings. 

The Associated Press reported that as of Sept. 10,, CBP had released 107,817 without formal notices to appear in court. Of those, 29,863, or 28%, did not report to ICE in the time period.

Additionally, the administration has been using parole powers to release more than 30,000 migrants into the U.S. Federal law says parole authority is to be used on a case-by-case basis for "urgent humanitarian purposes" and "significant public benefit." Typically only a handful of parole cases are granted by officials, but the Biden administration has been using it more broadly.

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The documents being sent to those in question will direct them to their local ICE field office and have their case reviewed, as well as have their fingerprints and photographs taken. They will also be given a court date to comply with, and if they do not it could open them up to deportation.

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"Action will be taken against those that do not appear consistent with the law and Department priorities. By mailing out these charging documents, ICE is initiating removal proceedings in a timely way," the spokesperson said.

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ICE has communicated to released migrants via mail for decades, and says that it will issue other charging documents in person as appropriate.

The push to get legal documents into the hands of those who have quickly been released into the U.S. comes at the same time as the Biden administration has been dramatically reducing the ability of ICE to arrest and deport many of those in the country illegally.

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In September, the administration formalized February guidance that limits agents to targeting three categories of illegal immigrant -- recent border crossers, national security threats and aggravated felons., Homeland Security Secretary Alejandro Mayorkas has ended worksite enforcement raids, and last month issued a list of "protected areas" where agents are not allowed to conduct enforcement operations -- including schools, medical facilities, recreation centers, rallies and COVID-19 vaccination areas. 

The Associated Press contributed to this report.