Hans von Spakovsky:
The Justice Department has been deceiving us for years. A new report from the Center for Immigration Studies details the fundamental dishonesty of DOJ's annual reports on immigration courts.
Immigration cases are handled by an administrative immigration court system, not life-tenured judges in the judicial branch. As Justice Department employees, the administrative judges have very limited authority. For example, they have no power to enforce their own deportation orders.
Enforcement is left to the Department of Homeland Security. And, as documented in the CIS report by former immigration Judge Mark Metcalf, DHS almost always opts not to enforce.
Combing through reams of data, Metcalf found there are more than 1.1 million unenforced deportation orders, an 84 percent increase since 2002. Even if an immigration judge rules that an alien has no right to be here, the chances that alien will actually be deported are almost nil.
Metcalf also discovered that Justice has manipulated its reporting to disguise the failure of the court system. In 2005 and 2006, for example, DOJ reported that 39 percent of aliens never showed up for their day in court. Instead, they simply disappeared into the heartland. That statistic is bad enough, but the true numbers are even worse.
Most people arrested as illegal aliens are released after a hearing date has been set. But some are held in jail until their trial. Obviously, those kept behind bars are not going to miss their hearing. Yet Justice combines the appearance rate for both released and captive aliens to produce a deceptively comforting number. In 2005 and 2006, Metcalf found, 59 percent of all illegal aliens released before their hearing dates never showed up for trial.
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This is just more evidence that the Justice Department is not serious about enforcing our immigration laws. This just invites more illegals into the country because there is no consistent consequence to coming here illegally.
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