According to a former immigration judge, the U.S. immigration system is not broken. However, the issue lies in the fact that the laws established by Congress are being ignored. This statement was made during a discussion with members of Congress.
Matthew O’Brien, speaking at a hearing held by the U.S. Oversight Committee’s Subcommittee on National Security, the Border, and Foreign Affairs, emphasized that America’s immigration system is not broken, despite common claims suggesting otherwise.
“The issue,” he pointed out, “lies in the fact that numerous administrations have chosen to disregard certain provisions of the Immigration and Nationality Act that they find inconvenient or disagreeable. This is primarily done to appease specific political groups, while neglecting the overall safety, security, and economic wellbeing of the broader American population.”
O’Brien has a strong background in immigration and national security. He has served as the head of the National Security Division at U.S. Citizenship and Immigration Services and has also worked as an assistant chief counsel with U.S. Immigration and Customs Enforcement.
According to him, the Biden administration’s consistent disregard for the INA has now become the standard practice. He believes that this approach is not only jeopardizing public safety and national security but also putting the United States at risk of irreversible consequences.
According to the INA (Immigration and Nationality Act), Border Patrol agents are responsible for apprehending individuals who cross the border illegally and initiating the removal process. This can be done through expedited removal procedures or by detaining them until their case is reviewed by an immigration court or Citizenship and Immigration Services. However, there are certain exceptions to this rule. In 2021, Department of Homeland Security Secretary Alejandro Mayorkas issued a memo that introduced a new policy for Border Patrol agents. Under this policy, illegal entry alone was no longer considered a deportable offense, despite the fact that federal law still recognizes it as such.
Florida, Texas, and Louisiana each filed separate lawsuits in an effort to halt the practice commonly referred to as “catch and release.”
The Supreme Court recently made a ruling, stating that states did not have legal standing, which goes against a previous decision made by a lower court. However, in light of this ruling, a new bill has been introduced to amend the INA and provide states with legal standing.
Mayorkas made alterations to the parole procedures, including those associated with catch and release, which were deemed illegal by the House Committee on Homeland Security and served as evidence in Mayorkas’ impeachment.
According to O’Brien, the administration has engaged in behavior that is unprecedented and detrimental, as they have completely disregarded the INA.
According to O’Brien, the immigration system is not broken unless one believes in open borders and actively encouraging foreign nationals to come to the United States. He believes that the current immigration laws are highly effective when properly implemented by the agencies responsible for enforcing them, as intended by Congress.
During the Trump administration, he mentioned that this action was taken, resulting in a significant decrease in illegal border crossings to record lows.
Subcommittee Chairman, Rep. Glenn Grothman, a Republican from Wisconsin, highlighted that under Mayorkas’ policies, Customs and Border Patrol agents were forced to release more than 75% of illegal foreign nationals who were apprehended at the southwest border in December.
The number of foreign nationals who entered the United States illegally reached a record high in December, with over 370,000 individuals reported by The Center Square. The highest number of illegal border crossers in U.S. history were apprehended at both the southwest and northern borders during the first quarter of fiscal year 2024.
According to Grothman, out of the 250,000 foreign nationals who were apprehended by Border Patrol agents for illegally crossing between points of entry, the administration released 190,000 of them. These individuals were released without any form of bail or bond, with only a notice to appear in court at a later date. Grothman emphasized that this release rate amounted to 77% in the month of December.
According to him, starting from January 2021, the administration has chosen to release over 3 million “illegal aliens who have no lawful basis to remain in the U.S.” instead of detaining and processing them for removal. Furthermore, they have implemented illegal parole programs that serve as incentives for more individuals to come to the U.S.
During a discussion, Rep. Virginia Foxx, R-N.C., inquired about the feasibility of conducting a thorough vetting process for the large number of individuals being released into the country. In response, O’Brien stated that it is not possible to carry out such a comprehensive vetting process.
According to O’Brien, the former head of the vetting program at Citizenship and Immigration Services, it is simply not possible for agencies to effectively vet such large numbers of people. He emphasized that vetting relies on the availability of traceable background information, which is typically established through a paper trail of transactions throughout a person’s life in the United States. However, individuals coming from rural villages in Guatemala or countries like Yemen lack this kind of documented history, making the vetting process extremely challenging. O’Brien explained, “When you’re talking about someone coming from a rural village in Guatemala or places like Yemen, there aren’t any records like that. They don’t exist.”
During his address to Congress, he emphasized the need for those who uphold the law to put an end to the misleading narratives surrounding our immigration system. He firmly stated that it is time to hold executive branch officials accountable for intentionally undermining the system to serve their own interests.