The Kritarch Connection To Biden's Border Crisis
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The Biden Regime is not the only malicious actor in the ongoing crisis at the border. The petty kritarchs in the administrative immigration court system, the Executive Office For Immigration Review (EOIR), are adding the disaster by effectively committing a work slowdown in ordering deportations for the millions of fraudulent claimants to asylum who are zerg rushing the border.

While the Biden Regime is the primary cause of the crisis, the fraudulent asylum claims expressed by aliens at the border with Mexico should all result in the aliens failing their credible fear interviews and then being immediately deported using Expedited Removal (ER) instead of being referred to the EOIR.

But the Biden Regime is soft-pedaling the legal standard for credible fear and then releasing illegal aliens into the United States for future hearings before the EOIR, hearings that are increasingly likely to take longer than those in the past, including under Jeff Sessions, who for all his faults, did try to force the petty kritarchs to actually perform their duties, ordering illegal aliens deported, not protecting illegal aliens.

In the latest report by the Transactional Records Access Clearinghouse (TRAC), significant trends in immigration court deportations are detailed, emphasizing the increased number of removal orders and varying rates of legal representation among immigrants. Here’s a brief overview of the essential findings:

New TRAC Analysis of Growing Deportation Orders, LawProfBlog, April 23, 2024

Ignore the hype, while deportation orders are up significantly, there is a problem—illegal entries are up more than 50%, so deportation orders should match the increase in illegal immigration.

Increased Removal Orders: Over the first half of FY [Fiscal Year] 2024, immigration judges issued 136,623 deportation orders, a 50% increase compared to the peak in FY 2019.

Not mentioned by the shysters at the supposedly non-partisan Transactional Records Access Clearinghouse (TRAC) is that illegal immigration has more than tripled from the last full year of Donald Trump’s Administration, FY 2020, with the border collapse beginning in the second quarter of FY 2021. Here is the CBP graphic for the Biden Border Collapse starting in January 2021, the first month of the second quarter of FY 2021.

Official CBP DHS Illegal Alien Numbers For The Biden Border Crisis

The total for FY 2020, the last full fiscal year of the Trump Administration, was 646,822 border enforcement actions. Note that the year used by the Treason Bar shysters was FY 2019, which was 1,148,024 border enforcement actions. The proper comparison should have been with FY 2020. Border enforcement actions includes total arrests, including those released, those taken into custody, and those returned to Mexico or Canada.

So, instead of a 50% increase in deportation orders from the EOIR, there should have been a 300% or more increase in the number of deportation orders in comparison to FY 2020, given illegal immigration increased from 600k to over 3 million in FY 2023. If the petty kritarchs were performing at the same level as under Jeff Sessions’ discipline, there would be more deportations. Feel free to check my math.

Worse yet, the kritarchs are taking longer to process cases.

Long Case Durations: Immigration court cases, especially those resulting in deportations, are taking longer, averaging over two and a half years to conclude.

It should not take two and a half years to decide a case of a deportable alien. In fact, most cases can be decided at the Master Calendar Hearing, as most illegal aliens have no cognizable claim to asylum or other non-discretionary relief from deportation, will 99.9999 percent admitting alienage and deportability but claiming some imaginary relief.

And the petty kritarchs’ sabotage is only highlighted by the fact that fewer illegal aliens are represented by attorneys. It is well established that representation by an attorney decreases the likelihood of deportation.

Representation Rates: Only 15% of immigrants ordered removed had legal representation, significantly affecting their ability to contest removals effectively.

Combined with the longer time in the proceedings, this is clear evidence that the petty kritarchs of the EOIR are deliberately sabotaging the hearing system. Fewer attorneys should mean that the kritarchs should be making decisions quickly and at the earliest opportunity, instead of delaying hearings for years. Remember, most delays in the EOIR are those given to aliens to find an attorney. Most, as shown, never do, in fact the 85% of illegal aliens who get delays in their cases never find an attorney. This is one of the reasons that the Treason Bar are demanding that the Federal government pay for the representation of illegal aliens. The Treason Bar don’t work for free.

The only solution to the sabotage by the petty kritarchs is to expand Expedited Removal to all aliens, except those previously admitted for Lawful Permanent Resident (LPR), green card holders, who have a colorable claim to full legal review of a deportation order under due process. All other aliens should be quickly deported after review by Department of Homeland Security (DHS) immigration officers.

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