The Biden administration is playing a dangerous game of chicken with the Supreme Court.
The administration has a case before the court regarding immigration notices, and it appears that Biden and Mayorkas have figured out yet another way to ignore our immigration laws.
To that point, the administration is telling the Supreme Court that if it loses the case, hundreds of thousands of deportations could be scuttled.
Don’t Rule Against Us
The “threat” was made to the court in a case that is related to Notices to Appear (NTA).
The administration is not actually supplying a court date on many of the documents, simply stamping the documents, “TBA.”
Then, the federal government mails out a court date. This is one of the many ways the Biden administration has skirted normal protocols to expedite migrant processing.
If the migrant does not show up as directed for the appointment, they can then be deported “in absentia,” but if they do not show up for the hearing, chances are they have already disappeared inside the country somewhere.
Initially, the case centered on an immigrant whose date was mailed to him, but he said he never received it. Two more migrants have since decided to join the case.
The plaintiffs are arguing that the two separate mailings do not constitute proper notice, while the government is maintaining it is.
To that point, the government is now stating that if it loses the case, every migrant who has missed their court date could ask to have the case reviewed with this precedent.
Attorney Charles McCloud, who represents the United States government, stated, "We are very concerned that those hundreds of thousands of cases could be injected back into the immigration system.
"So… that already substantial increase we have seen is going to turn into an avalanche."
None of this would be an issue if Biden had locked down the border, which is again surging, with 302,000 migrant encounters in December 2023 alone.