Joe Biden’s administration gave ‘mass amnesty’ to illegal migrants after ICE official ordered termination of 350,000 asylum cases as border crisis rages on
More than 350,000 migrants who entered the US illegally have had their immigration cases dismissed, allowing them to walk free without adjudication on the merits of their entry, a new report shows.
A leading Immigration and Customs Enforcement (ICE) adviser, Kerry Doyle, distributed a memo in 2022 directing prosecutors to dismiss cases for migrants who do not pose a threat to national security. The New York Post first reported this.
As a result, nearly 103,000 migrants had their cases dismissed that year, allowing them to enter the U.S. freely without a ruling from an immigration court judge on the merits of their asylum claims.
Later in 2023, that number of rejected cases shot up to 149,000.
So far in fiscal year 2024, 114,00 cases have ended without adjudication, according to the report.
A U.S. Border Patrol agent watches as immigrants walk into the United States after crossing the Rio Grande from Mexico in Eagle Pass, Texas. The officer had cut rolls of barbed wire to allow them to pass through for processing
Under Biden’s leadership, as many as 77 percent of migrants seeking asylum were allowed to stay in the US, the report said. Transactional Records Access Clearinghouse (TRAC)a nonprofit organization that searches immigration court files.
In fact, the most popular way for migrants to be allowed to remain in the country under formal asylum procedures under Biden’s term is not by getting relief from a judge, but by having that judge dismiss the case entirely — following Doyle’s guidelines 2022 report. memo.
“This is just a huge amnesty under the guise of prosecutorial discretion,” Andrew Arthur, a former immigration judge who now works for the Center for Immigration Studies, told The Post.
“You’re essentially allowing people who have no right to be in the United States to stay here indefinitely,” he continued.
ICE agents who spoke to The Post indicated that although these migrants’ cases are dismissed after they are found without criminal records, they still commit crimes after being released into the U.S. heartland.
This forces these officials to then initiate removal proceedings again, which can sometimes take years and will certainly consume taxpayer-provided resources.
ICE legal counsel Kerry Doyle, a longtime immigration lawyer, has ordered immigration courts not to rule on asylum cases in which the individuals were found not to be flying national security flags, the report said
ICE agents who spoke to The Post implored them to “let everyone know” that these types of mass dismissals are happening, which then makes their jobs more difficult
Migrants recently arrived in Chicago receive food during a winter storm
“If the migrants, whom ICE no longer controls or monitors, commit crimes after discharge, ICE will have to start all over again and issue a new Notice to Appear in court and start the clock all over again,” an ICE official said in the newspaper. report.
“Please let everyone know what is really going on,” one ICE officer pleaded with The Post.
Currently, the backlog of asylum cases in the US stands at about 3.5 million, the sources told the newspaper.
They highlighted how removing more than 100,000 cases from the system each year without issuing a verdict helps the optics for the Biden administration.
After the cases are closed, the migrants are released from their “removal proceedings,” which is the automatic classification for all migrants admitted at the border.
Once their removal proceedings are complete, these migrants can no longer be deported, meaning they can remain in the US
These migrants are also exempt from ICE surveillance and will no longer be subject to surveillance, unlike those who are still undergoing asylum proceedings in court.
Still, after cases are dismissed, migrants can reapply for asylum while in the US
Trying to gain asylum is helpful for migrants because it allows them to obtain work permits and U.S.-provided benefits.
Migrants rest in Mexico on May 31 before continuing their journey to the US-Mexico border
Meanwhile, Biden is expected to move forward with an executive order related to immigration this week.
The White House is considering a policy that would limit encounters with migrants to 4,000 per day for a week — 28,000 in total.
After that threshold is reached, authorities would reportedly close the U.S.-Mexico border.
The executive action could happen as early as Tuesday, although the exact timing remains unclear.