OKC Standard

Senator James Lankford has urged the Trump Administration to address what he describes as a border crisis resulting from policies implemented by President Biden. In his letter to Homeland Security Secretary Kristi Noem and Border Czar Tom Homan, Lankford highlights concerns about more than 810,000 individuals released under Biden's Notice to Report policy.

"While these programs are no longer in operation, over 800,000 aliens were caught and released under these programs during the Biden Administration," wrote Lankford. He expressed concern about "hundreds of thousands of aliens absconding after receiving minimal vetting."

Lankford pointed out that as of January 29, 2025, approximately 445,000 of those released had not yet received a Notice to Appear in immigration court. He called for prioritizing the vetting and removal of inadmissible individuals who were part of this program.

In March 2021, U.S. Customs and Border Protection (CBP) introduced Notices to Report to manage overcrowding at border facilities. This policy required illegal entrants to report themselves to Immigration and Customs Enforcement (ICE) for processing. Lankford noted that CBP did not effectively communicate this new policy with ICE, which led to resource diversion.

GAO findings revealed significant coordination issues within DHS programs and difficulties validating addresses provided by those processed through this pathway. ICE later launched a website for check-ins and began mailing Notices to Appear. However, challenges remain due to uncertified mailings and lack of tracking returned mail.

By the time courts intervened, CBP had released 810,281 individuals under this pathway. ICE reported that among them:

- 531,425 complied with instructions within 60 days.

- 180,920 reported after 60 days.

- 97,935 did not report at all.

While some individuals have been served Notices to Appear in court and begun the removal process, many await their initial proceedings due to court backlogs.

Lankford included this issue in his annual Federal Fumbles report and continues seeking answers on how ICE will address these challenges. He posed several questions regarding the number of Notices served in-person or by mail and asked about criminal offenses committed post-release.

The senator requested a response by March 11, emphasizing the need for enforcement efforts focused on addressing this population.