DOJ ruling addresses loophole that illegal immigrants used to avoid removal, James Percival says

The loophole, according to Percival, allowed immigrants to violate address requirements, which is a crime, and avoid an order of removal by claiming lack of notice.

Published: September 4, 2026 11:10am

The Justice Department addressed a legal loophole Thursday that allowed illegal immigrants to avoid removal by claiming lack of notice. 

The law requires immigrants to provide DHS an address, James Percival, general counsel for DHS, said in a post on X

The loophole, according to Percival, allowed immigrants to violate address requirements, which is a crime, and avoid an order of removal by claiming lack of notice. A DOJ ruling addressed the problem, Percival said. 

"For years, immigration courts sanctioned a loophole big enough to drive a truck through....I'm glad DOJ fixed this insanity," he said. 

 

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