Thousands of asylum-seekers abandon their cases as ICE seeks to deport them to nations they aren't from
Willian Yacelga Benalcazar's asylum case followed what had become a similar pattern in immigration courts across the country: After telling a judge he feared returning to his home country, the judge ordered his deportation to another one.
TL;DR
- Thousands of asylum cases have been terminated without a hearing due to 'pretermit' motions, a practice that escalated after a Board of Immigration Appeals ruling.
- Asylum-seekers are now often forced to argue they fear persecution not only in their home countries but also in potential third-country destinations.
- About 16% of asylum-seekers facing 'pretermit' motions have withdrawn or abandoned their claims or agreed to voluntary departure.
- The third countries designated for deportation are often dangerous and lack functioning asylum systems.
- Thousands of deportation orders to third countries have been issued, but many are unfeasible due to agreements limiting the number of deportees a country will accept.
- Individuals in detention face prolonged waits for appeals, with the BIA taking an average of 10 months to rule on cases for those detained.
- The practice of pretermitting asylum cases is facing a federal lawsuit alleging subversion of due process.
- Willian Yacelga Benalcazar gave up his asylum case and was deported to Ecuador after experiencing harsh detention conditions and fearing further lengthy confinement.