In May 2023, the Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations division launched the Family Expedited Removal Management (FERM) program.
The program seeks to put GPS ankle monitors – called "Alternatives to Detention" technology – on the heads of illegal immigrant households for continuous monitoring until they are deported or win their case to be allowed to stay in the United States. This applies to "family units apprehended at the Southwest Border who are processed for expedited removal and indicate an intention to apply for asylum or express a fear of persecution or torture."
"FERM is designed to ensure family units in the credible fear process participate in a timely credible fear interview with U.S. Citizenship and Immigration Services (USCIS) and any requested review by an immigration judge without being detained. Families who receive a final negative credible fear determination will generally be removed from the United States within 30 days from processing into expedited removal and referral to USCIS," ICE posted on its official website in May 2023.
However, the program has significant loopholes.
Migrants slated for removal can undergo a screening to assess whether they have a credible fear of returning to their home country. If their claims are denied, they still have the opportunity to appeal before an immigration judge. This additional step has contributed to the high number of migrants allowed to stay.
Moreover, the newly released data reveals that out of the 24,000 migrants enrolled in FERM, only 2,600 have been deported, while over 22,000 were permitted to stay in the United States. Additionally, more than 3,600 migrants have absconded from the program and are currently unaccounted for within the United States.
In other words, the removal rate only represents just over 10 percent while nearly 90 percent are still in the country.
Mark Green criticizes the Biden administration for ineffectively enforcing the FERM program
This program has been strongly criticized, especially by House Homeland Security Committee Chairman Rep. Mark Green (R-TN), who accused the administration of President Joe Biden and Vice President Kamala Harris of allowing millions of illegal immigrants to reside in the country.
"These numbers are further proof that the Biden-Harris administration's policies have nothing to do with actually securing the border or enforcing the law, but instead masking its utter refusal to do either of those things," Green stated. (Related: Biden administration speeding up citizenship request processing to bolster Democratic voter base ahead of election.)
Green noted that the low removal rate indicates a failure to enforce U.S. immigration laws effectively. He pointed to the administration's efforts to mask its inadequacies from the American public while neglecting its duty to detain and remove those without legal grounds to remain in the country.
"Such a dismal rate of removals makes clear that President Biden, 'border czar' Kamala Harris, and now-impeached DHS [Department of Homeland Security] Secretary Alejandro Mayorkas are committed to ignoring U.S. immigration law while attempting to hide that fact from the American people. Ultimately, these individuals have a simple responsibility — detain and remove those who have no lawful basis to remain," Green added.
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