A ProPublica study found that immigration prosecutors are continuing to deport people who are not considered a threat to public safety, despite a Biden administration policy instructing them to postpone or drop such cases. But the policy is carried out at the prosecutors’ discretion, making it difficult to challenge.

This comes as immigrant justice advocates are denouncing the Biden administration for the growing number of jailed immigrants and asylum seekers. As of mid-July, over 27,000 people are being held in ICE jails, as advocates warn detentions have nearly doubled under Biden.