As the White House finalizes plans for a U.S.-Mexico clampdown that would shut off asylum requests and automatically deny entrance to migrants once a threshold is met, the Biden administration has continued to allow hundreds of thousands of migrants to remain in the U.S. with what amounts to amnesty, according to a report.
A report released last month by Syracuse University’s Transactional Records Access Clearinghouse (TRAC), a nonpartisan data gathering organization that tracks immigration cases and backlogs shows that since 2022, over 350,000 asylum cases filed by migrants were closed by the U.S. government on the basis that those who filed did not have a criminal record or were not deemed a threat to the U.S.
Once cases are terminated without a decision on the merits of their asylum claim, the migrants are removed from the legal system, and they are not required to check in with authorities.
It also means the migrants can legally go anywhere they want inside the U.S. without having to worry about being deported.
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The New York Post reported that a memo sent out by the Immigration and Customs Enforcement (ICE) principal legal advisor Kerry Doyle in 2022 told agency prosecutors to dismiss cases for migrants who do not pose a threat to national security.
TRAC’s data shows that in the same year, there were 173,227 applications for asylum filed. Of those applications, immigration judges ordered 36,250 of the applicants be removed from the U.S., granted asylum to 31,859 applicants. The other 102,550 applications were reportedly dismissed or taken off the books.
In 2023, there were 248,232 asylum applications filed, of which 52,440 applicants were ordered to be removed, 43,113 were granted asylum, and 149,305 were dismissed or taken off the books.
So far in 2024, there have been 175,193 asylum applications and 113,843 applications dismissed.
The numbers are much higher than under the Trump administration, when in 2019 – before the pandemic – there were 87,018 asylum applications filed with 52,223 applicants removed from the country, 24,109 granted relief and 4,746 applications dismissed.
When cases are closed, migrants are no longer faced with deportation or removal proceedings. They are also not obligated to leave the U.S. as they are no longer being monitored by ICE.
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The applicants whose cases are dismissed are able to apply for asylum again or they can seek out other forms of legal status like a family-based or employment-based visa, or even Deferred Action for Childhood Arrivals (DACA).
The immigration court backlog has grown from 2.8 million at the end of Fiscal Year 2023 to nearly 3.6 million in FY 2024, with immigration judges being unable to keep up with the current flow of new cases into the system.
The number of new cases filed as well as the number of cases completed by immigration judges are both on pace to exceed all-time highs this year, the TRAC report notes, though the pace of completions will be unable to stem the growing backlog.
The president has been weighing additional executive action since the collapse of a bipartisan border bill earlier this year. The number of illegal crossings at the U.S.-Mexico border has declined for months, partly because of a stepped-up effort by Mexico. Still, immigration remains a top concern heading into the U.S. presidential election in November and Republicans are eager to hammer Biden on the issue.
The Democratic administration’s effort would aim to head off any potential spike in crossings that could occur later in the year, as the fall election draws closer, when the weather cools and numbers tend to rise. Four people familiar with Biden’s plans were not authorized to speak publicly about the ongoing discussions and spoke to The Associated Press on condition of anonymity.
The move would allow Biden, whose administration has taken smaller steps in recent weeks to discourage migration and speed up asylum processing, to say he has done all he can do to control the border numbers without help from Congress.
The restrictions being considered are an aggressive attempt to ease the nation's overwhelmed asylum system, along with a new effort to speed up the cases of migrants already in America and another meant to quicken processing for migrants with criminal records or those who would otherwise be eventually deemed ineligible for asylum in the United States.
The people told the AP that the administration was weighing some of the policies directly from a stalled bipartisan Senate border deal, including capping the number of encounters at an average of 4,000 per day over a week and whether that limit would include asylum-seekers coming to the border with appointments through U.S. Customs and Border Protection’s CBP One app. Right now, there are roughly 1,450 such appointments per day.
Fox News Digital’s Michael Lee and The Associated Press contributed to this report.
