You’re using specific types of data,” McAleenan told Durbin. “I’m going to give you additional data.”
McAleenan said that under the Family Case Management Program, more than 100 people with final orders of removal — asylum seekers who lost their cases — didn’t show up to be removed. The 2016 program, which provided certain asylum seekers with caseworkers to educate them on their rights and responsibilities, lasted for about a year. In that time, the program served 954 people.
In other words, only 10-15% of asylum seekers who participated in the program were noncompliant. Though McAleenan answered Durbin’s question by talking about the Family Case Management Program, he later conceded that the 90% figure referred to something else altogether.
Nearly 90% of the approximately 7,000 families whose asylum cases have been handled in recent months skipped their hearings, McAleenan said, although he didn’t provide details on where that figure came from.
But Aaron Reichlin-Melnick, a policy analyst at the American Immigration Council, told VICE News that McAleenan was likely referring to cases handled by the Executive Office for Immigration Review’s family unit docket. Studies show that
86% of families released from ICE detention between 2001 and 2016 showed up in court.
“Less than 17% of cases placed on the family unit docket have ended because a family missed court,” Reichlin-Melnick said. “By leaving out the vast majority of cases, which are still pending, McAleenan gave the false impression that families don't show up for court.”