The deputy director of U.S. Immigration and Customs Enforcement (ICE) told Congress that ICE is only using 73 percent of its capacity for detaining illegal aliens due to lingering COVID-era regulations.
ICE Deputy Director Tae Johnson, who in his capacity performs the duties of ICE director, appeared before the House Appropriations Committee on April 18 to discuss President Joe Biden’s budget request for fiscal year (FY) 2024.
Currently, ICE has the capacity to house around 34,000 illegal aliens in detention facilities near the southern border. Under Biden’s proposed budget, that figure could be slashed to 25,000, a fact that raised bipartisan concerns among both Chairman Dave Joyce (R-Ohio) and Ranking Member Henry Cuellar (D-Texas).
At the same time, the U.S. southern border has been pummeled by an unprecedented influx of illegal immigration that has left ICE and immigration courts facing substantial backlogs. Some illegal aliens could remain in cities like New York and San Antonio until 2036 before seeing a day in court. Meanwhile, the backlog continues to grow as illegal aliens pour into the country faster than the U.S. legal system can keep up.
During questioning by Joyce, Johnson revealed that over one in five beds are not being used due to COVID-19 protocols.
“How many beds are currently inaccessible due to COVID protocols?” Joyce asked. He also asked how many beds the United States has purchased since the beginning of FY 2023 that are currently not being used due to the same restrictions.
“We’re using about 73 percent of our capacity right now,” Johnson replied. “This is largely, as you described, due to COVID and some of the safeguards put in place by the CDC.”
Johnson added that he is “hopeful” that when Title 42 expires on May 11, 2023, the CDC will give ICE new guidance and reopen access to some of the embargoed beds.
Asked whether he would commit to not taking any beds offline after the end of the public health emergency on May 11, Johnson replied that he would follow any guidelines recommended by the CDC.
“If CDC completely lifts the requirements and there are no restrictions like pre-COVID, I will commit to getting back up to 34,000 beds, but it’s really dependent on where CDC lands with their new guidance,” Johnson said.
During his testimony, Johnson suggested that bed space is the greatest problem ICE currently has in housing the deluge of illegal migrants apprehended along the border.
“What is required for this administration to comply with the law?” Joyce asked during a later exchange with Johnson.
“More beds than probably exist in the public sector,” Johnson replied.
The hearing comes as a bipartisan coalition of lawmakers has continued to warn against overturning Title 42, a COVID-era immigration policy that has helped immigration officials manage the influx of illegal aliens.
Despite bipartisan pushback against overturning the policy, Biden has barreled ahead with the expected change.
