USCIS official: 100+ wrongful removals
A USCIS official testified that over 100 asylum-seekers were wrongfully removed in violation of a 2024 settlement — a figure far higher than earlier reports of eight cases and a sign of systemic execution gaps. The disclosure has prompted fresh scrutiny of removal practices and oversight. (x.com)
The witness who delivered the surprise testimony was USCIS asylum officer Kimberly Sicard, identified in court filings and agency declarations as a program manager in Asylum Division Headquarters. (talkingpointsmemo.com)) U.S. District Judge Stephanie Gallagher interrupted the proceedings, converted a one-day evidentiary hearing into a multi-day session, and ordered the Justice Department to “get to the bottom” of the discrepancies. (talkingpointsmemo.com)) Sicard told the court that the new information had been communicated to USCIS attorneys three to four weeks before the hearing but had not been raised with the court; the court’s Feb. 23 order had explicitly required the government to produce witnesses about previously alleged removals. (talkingpointsmemo.com)) The litigation at issue is J.O.P. v. DHS, a certified nationwide class action for individuals who entered as unaccompanied minors, and the parties reached a binding settlement in 2024 that a Maryland judge approved last November. (nipnlg.org)) One already-litigated wrongful removal in this docket involved a Venezuelan identified in filings as “Cristian,” who flew to El Salvador on March 15, 2025 under the Alien Enemies Act; Judge Gallagher ordered the government to attempt to secure his return to U.S. custody. (abcnews.com)) Plaintiffs’ counsel had previously counted fewer than a dozen alleged violations, and during the hearing the government acknowledged two additional February removals while disputing whether one of those falls within the settlement’s protections. (talkingpointsmemo.com)) Gallagher explicitly questioned career DOJ attorneys about their duty of candor to the court and demanded the department be prepared to provide answers at the next hearing date. (talkingpointsmemo.com))
