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    ICE Considers Slashing Detention Capacity Because of Budget Shortfall

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    The agency has circulated a money-saving proposal after Republicans in Congress blocked a bill that would have provided billions in funding.U.S. Immigration and Customs Enforcement is considering a plan to reduce its detention capacity significantly after Republicans in Congress blocked a bill that would have provided the agency with more than $7 billion, officials said Wednesday.To stay within its current budget, ICE would need to cut detention levels by more than 10,000 spots within months, according to documents laying out the proposal, which were obtained by The New York Times. The agency could either release some of the 38,000 people currently in custody, or decline to fill vacant spots as cases get resolved.Three officials familiar with the plan said it was under active consideration within ICE. The officials spoke on the condition of anonymity to discuss what they described as contingencies.Erin Heeter, a spokeswoman for the Department of Homeland Security, which oversees ICE, did not comment on specifics of the proposal. “The fact that we are always considering options does not mean we will take action immediately, or at all,” she said.The proposal was first reported by The Washington Post.The plan comes at a moment of crisis over immigration in the United States, with record numbers of people crossing into the country and the asylum system all but broken. Bitter politics have paralyzed any movement on the issue, as Republicans seize on it as a political weapon against President Biden.Mr. Biden has implored Congress to pass bipartisan legislation that would have clamped down on migration at the southern border. But his predecessor and likely challenger in this year’s election, former President Donald J. Trump, pressured Republicans to block the deal, saying it would be a “gift” to Democrats.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Fact-Checking Trump’s Recent Immigration Claims

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      As President Biden grapples with an unwieldy crisis at the southern border, his likely 2024 rival has leveled many criticisms — including some baseless and misleading claims.Former President Donald J. Trump has drawn widespread censure after reprising a line that casts undocumented immigrants as “poisoning the blood of our country.”The remark underscored Mr. Trump’s hard-line approach to immigration, which has been central to his platform since he made his first bid for president in 2015. If elected again, he has vowed to carry out mass deportations and enact other strict policies.He and his Republican rivals have pointed to the surge of migrants at the southern border to make their political case. Some Democrats, too, have been critical of the Biden administration’s approach toward immigration.But even with legitimate lines of attack, Mr. Trump has at times turned to baseless and misleading claims during rallies in recent months.Here’s a fact check.WHAT WAS SAID“I read an article recently in a paper … about a man who runs a mental institution in South America, and by the way they’re coming from all over the world. They’re coming from Africa, from Asia, all over, but this happened to be in South America. And he was sitting, the picture was — sitting, reading a newspaper, sort of leisurely, and they were asking him, what are you doing? He goes, I was very busy all my life. I was very proud. I worked 24 hours a day. I was so busy all the time. But now I’m in this mental institution — where he’s been for years — and I’m in the mental institution and I worked very hard on my patients but now we don’t have any patients. They’ve all been brought to the United States.”— during a rally in Nevada this monthThis lacks evidence. Mr. Trump has repeatedly claimed that immigrants crossing the border are coming from “mental institutions” and jails. This particular story would seem to offer specific facts behind that assertion, but there is no evidence that such a report exists.The New York Times could not find any such news account from the start of Mr. Biden’s tenure in January 2021 to March, when Mr. Trump told the same story at a Texas rally.The Trump campaign did not respond when repeatedly asked about the source of this claim. But pressed this year by CNN for factual support for the tale, the campaign provided links that did not corroborate it.Likewise, there is no support for Mr. Trump’s broader claim that countries are “dumping” their prisoners and psychiatric patients in the United States.“We are unaware of any effort by any country or other jurisdiction to empty its mental-health institutions or its jails and prisons to send people with mental-health issues or criminals to the U.S.,” Michelle Mittelstadt, a spokeswoman for the nonpartisan research organization Migration Policy Institute, said in an email.The claim evokes elements of a mass exodus that occurred more than 40 years ago in Cuba, Ms. Mittelstadt noted: the Mariel boatlift of 1980. Some 125,000 people fled to the United States, including inmates from jails and patients from mental health institutions freed by the Cuban leader Fidel Castro.“But there has been no present-day effort by any country, to our knowledge, or any credible reporting by media or others that anything of the like is taking place,” Ms. Mittelstadt said.WHAT WAS SAID“They’ve allowed, I believe, 15 million people into the country from all of these different places like jails, mental institutions, and wait till you see what’s going to happen with all those people.”— during a rally in October in New HampshireThis lacks evidence. Setting aside the baseless suggestion that all undocumented immigrants entering the country are coming from jails and mental institutions, Mr. Trump’s estimate of 15 million is not supported by the data.Customs and Border Protection data shows that U.S. officials recorded nearly eight million encounters at its borders from February 2021, the first full month of Mr. Biden’s presidency, to October 2023.But even then, “encounter does not mean admittance,” Tom Wong, an associate professor of political science and director of the U.S. Immigration Policy Center at the University of California, San Diego, said in an email. “In fact, most encounters lead to expulsions.”For example, C.B.P. data shows that about 2.5 million expulsions occurred under Title 42, a health rule that used the coronavirus as grounds for turning back immigrants illegally crossing the border, from February 2021 until the policy ended in May.Former President Donald J. Trump has at times turned to baseless and misleading claims about immigration in recent months.Rachel Mummey for The New York TimesThe number of encounters also are based on events, not people, and therefore could include the same person more than once.The exact number of people who have entered the country without authorization is hard to pin down because there are also “gotaways” — people who crossed into the country illegally and evaded authorities.But the federal, observational estimates of such people also would not support Mr. Trump’s claim. The secretary of homeland security, Alejandro N. Mayorkas, estimated at a recent hearing that there had been more than 600,000 gotaways in fiscal year 2023, which ended in September. That is also the estimate for fiscal year 2022, according to an inspector general report. And there were more than 391,300 in fiscal year 2021, which began in October 2020 under Mr. Trump and ended in September 2021 under Mr. Biden.In terms of migrants with criminal records, officials encountered nearly 45,000 at ports of entry since the start of fiscal year 2021. Between ports of entry in that period, officials encountered another 40,000 noncitizens with criminal records.While Mr. Trump in this instance claimed the country had allowed 15 million migrants to enter, he has at other times predicted that would be the total figure by the end of Mr. Biden’s term. That would be larger than the estimated total population of unauthorized immigrants living in the United States — about 10.5 million in 2021, according to the Pew Research Center.WHAT WAS SAID“In the past three years, Biden has spent over $1 billion to put up illegal aliens in hotels, some of the most luxurious hotels in the country. Meanwhile, we have 33,000 homeless American veterans. Can you believe it?”— during a rally in November in New HampshireThis needs context. Mr. Trump’s figure of homeless veterans refers to a 2022 estimate by the Department of Housing and Urban Development. That number includes about 19,500 veterans who were in shelters when the count was conducted. And both the 2022 estimate and a new tally for 2023 — which reported nearly 35,600 homeless veterans — are actually down slightly from when Mr. Trump was in office, continuing an overall downward trend since 2009.As for migrant housing, Immigration and Customs Enforcement contracted in 2021 with a nonprofit group to house border arrivals at a handful of hotels in Texas and Arizona, as a 2022 homeland security inspector general report details. The contract totaled more than $130 million and ended in 2022. The Trump administration also turned to hotels in 2020 to hold migrant children and families before expelling them.The Biden administration has not directly spent $1 billion to place immigrants in hotels. But cities are indeed facing steep costs for sheltering and caring for border arrivals — including through hotels. The Trump campaign did not indicate where Mr. Trump had obtained the $1 billion figure, but it is possible he was referring to a federal initiative that provides funding to local governments and nongovernment groups to help offset those costs.The program was in fact first authorized through 2019 legislation signed by Mr. Trump. While it allows nonfederal entities to seek grants for housing migrants in hotels and motels, it is not exclusive to that. Congress provided the program $110 million in fiscal year 2021 and $150 million in fiscal year 2022.Lawmakers recently replaced the initiative with a new shelter and services program. For fiscal year 2023, officials earmarked $425 million for the old program and $363.8 million for the new one.All told, the federal government has allocated about $1 billion since fiscal year 2021, which includes the last few months under the Trump administration, toward local efforts to feed and shelter migrants around the country — not only hotel expenses.While FEMA discloses recipients of the funding, it does not say how much each grant is used specifically on hotel costs.WHAT WAS SAID“We cannot forget that the same people that attacked Israel are right now pouring in at levels that nobody can believe into our beautiful U.S.A. through our totally open border.”— during a rally in Iowa in OctoberThis lacks evidence. Mr. Trump offered no evidence that people affiliated with Hamas, the militant group that staged a brutal assault on Israel in early October, are “pouring” into the country at record levels. And experts say they are unaware of data that would support that contention.If the former president’s statement was meant to convey that terrorists more generally are “pouring in” at the border, he could be referring to the rising number of encounters at the southern border with people on a terrorism watch list. The list includes known and suspected terrorists as well as people affiliated with them.A total of 169 noncitizens on that list tried to illegally enter the United States at the southern border in fiscal year 2023, which ended in September, up from three in fiscal year 2020, according to C.B.P. statistics.Still, it is unclear what that says about the terrorism threat, said Alex Nowrasteh, vice president for economic and social policy studies at the libertarian Cato Institute. There is no record of a terrorist attack being committed on American soil by an immigrant who crossed the southern border illegally. (In 2008, three brothers who had come to the United States illegally years earlier as children, from Yugoslavia, were convicted of conspiring to kill American soldiers at Fort Dix in New Jersey.)Apprehended individuals on the list are supposed to remain in government custody as they await removal proceedings, Mr. Nowrasteh said.Curious about the accuracy of a claim? Email factcheck@nytimes.com. More

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      Quick Fix to Help Overwhelmed Border Officials Has Left Migrants in Limbo

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      Republicans say the policy helps undocumented immigrants disappear; many immigrants say it has prevented them from following the government’s instructions.WASHINGTON — A Haitian couple and their young son were among thousands of undocumented immigrants whom U.S. officials decided to allow entry through the southwest border last summer — part of a record-setting surge in unauthorized crossings over the past year.Beginning last spring, immigration officials were so overwhelmed that they admitted tens of thousands of migrants while issuing them a new document that did not include the typical hearing dates or identification numbers recognized in the immigration court system. The change sped up the process of releasing them into the country, but also made it much harder for the new arrivals to start applying for asylum — and for the government to track them.Months later, the government has not been able to complete the processing started at the border, showing how ill prepared the system was for the surge and creating a practical and political quagmire for the Biden administration.President Biden pledged as a candidate to fix the country’s broken immigration system, a campaign mantra that resonated with many voters after the harsh policies of President Donald J. Trump. But over Mr. Biden’s first year in office, his administration’s response to the surge in migration has consisted largely of crisis-driven reactions — including the faster entry process.Migrants were caught crossing the southwest border illegally more than 2 million times between December 2020 and December 2021, the largest number since at least 1960. They came not just from Central America and the Caribbean but from around the world, many fleeing persecution and economic hardship with the expectation that Mr. Biden would be more welcoming than Mr. Trump.Although migrants were expelled in a little more than half the cases, more than 400,000 of them were released into the country for a variety of reasons during Mr. Biden’s first year in office. Of those, more than 94,000 were released through the sped-up process — a streamlined version of a longtime practice that critics call “catch and release,” in which those who are apprehended at the border are released from custody pending their immigration court proceedings. These migrants were instructed to register with Immigrations and Customs Enforcement within 60 days to complete the process the border officials started. But in some parts of the country, local ICE offices were overwhelmed and unable to give them appointments. So the Haitian family and other new arrivals have spent months trying in vain to check in with ICE and initiate their court cases. “It was a quick fix — ‘Deal with them later,’” said Evangeline Chan, an immigration lawyer in New York. “But they have not been able to.”Human rights advocates say the change has made it harder for those seeking asylum to get by while they wait to be officially recognized in the immigration system. Republicans, in the meantime, have pounced on the Biden administration for releasing undocumented immigrants into the country with even less ability to keep track of them.“Those who cross our border illegally should be detained and deported, not released into the interior of our country on an unenforceable promise to reappear,” 80 Republican House members wrote in a letter to Immigration and Customs Enforcement earlier this month. “It is nothing short of reckless.”Migrants in Del Rio, Texas, in 2020. Under a Trump administration policy, many asylum seekers had to wait in Mexico until U.S. immigration judges ruled on their cases.Verónica G. Cárdenas for The New York TimesA ‘huge mess’Mr. Trump’s policy was to restrict the flow of asylum seekers at the southwest border by making it harder to qualify and by making some people wait in Mexico before they could enter the country to apply. In some cases, applicants had to stay in Mexico until U.S. immigration judges ruled on their cases.The most restrictive policy, however, came at the beginning of the pandemic when the federal government started using an obscure public health rule known as Title 42 to turn migrants away at the border, including those seeking asylum.Even so, hundreds of thousands have been allowed into the country for a variety of reasons including a lack of detention space because of pandemic precautions. The Biden administration has also made exceptions for humanitarian reasons, particularly for families and children.Mr. Biden’s stated goal is to reverse Mr. Trump’s harshest immigration policies and be more welcoming to immigrants, but so far, immigration and human rights advocates say he has not come through, in large part because he has kept the public health order in place. Without it, Mr. Biden would have to make the tough choice of releasing even more undocumented immigrants into the country to await proceedings or detaining them..A record number of migrants were caught illegally crossing the southern U.S. border in President Biden’s first year in office, putting his administration in crisis-reaction mode. Oliver Contreras for The New York TimesAs of the end of January, nearly 33,000 immigrants who were issued documents without court dates and the typical identification number had missed their deadline to check in and start their proceedings in immigration court, according to an ICE official speaking on condition of anonymity. It is impossible to know how many have tried to check in with ICE to get court cases started and how many have chosen not to.Hopeful that immigration will prove a potent campaign issue, Republicans are blaming Mr. Biden for the sharp increase in migrants at the border because of his campaign promise that his administration would be more welcoming than the last. His response to the surge, they say, has only made things worse.“D.H.S. was forced to deal with an unmitigated disaster, and notices to report was one of the desperate policies it implemented trying to cope,” Senator Ron Johnson, Republican of Wisconsin, said in a statement. The streamlined document, known as a notice to report, he added, “just exacerbated the problem.”Some immigration advocates agree.“This N.T.R. situation is a huge mess that everyone is trying to navigate right now,” Emily Haverkamp, an immigration lawyer and expert on asylum policies, said.The potential for complications with the expedited processing was not lost on some members of the Biden administration, according to several current and former administration officials who spoke on condition of anonymity to discuss the internal debate. But some officials in the Department of Homeland Security argued that border officials could not have handled the surge of migrants without the expedited option to release them into the country.Migrants who crossed the Rio Grande from Ciudad Juarez, Mexico, head to request asylum in El Paso, Texas. Border officials have been overwhelmed by the surge in illegal crossings.Jose Luis Gonzalez/ReutersA ‘vicious cycle’After setting off last June on a treacherous journey from Chile — where they had relocated to years earlier — the Haitian family made it to Texas in August, where border officials released them without a court summons and told them to report to an immigration office once they reached Miami, their destination.When they did so, the office was closed, operating on a reduced schedule because of the pandemic. When they tried to register online, they were told they would not get an appointment to finish their paperwork and receive official identification numbers, known as alien numbers, until 2032. When they wrote to an ICE email address, the automated response said the agency needed the family’s alien numbers.“It’s a vicious cycle,” the husband said through a translator.The delays have been felt most acutely in Miami, New York, Houston and Los Angeles, where many of the recent immigrants have settled. Miami appears to have the biggest backlog, and the Homeland Security Department said it is in the process of sending more staff to there to help address it.Once people are officially entered into the immigration court system — now facing its greatest backlog in history — the average wait for an initial court appearance is nearly five years, according to data collected by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.The Haitian couple, like most new immigrants, are not authorized to work, making it impossible to earn an honest living; they are residing with other Haitian immigrants in the Miami region. They tried for months to enroll their son in kindergarten, facing bureaucratic roadblocks at every turn. They cannot afford a lawyer to help them find a way to comply with the government.Some of their challenges are standard for people stuck in the broken immigration system; other challenges are new, resulting from the fact that they were released without being enrolled in immigration court proceedings.“You’re more under the radar and you’re more in the shadows,” Ruby Powers, an immigration lawyer in Texas, said.Stuck in this gray area, immigrants have to wait even longer to apply for a work permit. Once they have the work permit, immigrants can apply for a Social Security Number, which makes it possible to start settling in. With a Social Security Number, an asylum-seeking immigrant can apply for a driver’s license in many states, open a bank account, enter a contract for a cellular phone, and more.In the past, families willing to house new immigrants could count on them eventually getting permission to work, said Leonie Hermantin, the director of development, communications and strategic planning at the Sant La Haitian Community Center in North Miami.Leonie Hermantin of the Sant La Haitian Community Center in North Miami, speaking with a Haitian family who had recently arrived in the U.S.Scott McIntyre for The New York Times“Now you have people who are stuck staying at people’s houses who are getting increasingly inhospitable,” she said, adding that some will soon face homelessness. “They are in this state of limbo. We at social service agencies — we just don’t know what to do.” More