Although the Biden administration is trying to appear as if it’s being tougher on border issues however, the administration is running a plan that’s a form of “mass amnesty” for migrants.
The data shows that as of 2022 over 350,000 asylum claims that were filed by immigrants were closed through the US government, if applicants do not have a criminal history or are not considered as a threat to the nation.
The result is that migrants aren’t granted or denied asylumtheir asylum claims have been “terminated without a decision on the merits of their asylum claim” The migrants are exiled out of the system, and are no more required to make contact with authorities.
The change permits them to legally forever roam around throughout the US indefinitely without the fear being deported and allows them to pass between the cracks.
“This is just a massive amnesty under the guise of prosecutorial discretion,” according to Andrew Arthur, a former immigration judge working for the Center for Immigration Studies.
“You’re basically allowing people who don’t have a right to be in the United States to be here indefinitely,” the senator told The Post.
“Please let everyone know what’s really going on,” an ICE officer said to The Post.
In 2020, under Trump’s administration Trump administration, more than 48,000 immigrants were rescinded out of the US by judges in the immigration court. More than 20,000 received asylum and 4700 were denied asylum, or were denied asylum or were allowed to stay in the country as per data compiled through the Transactional Records Access Clearinghouse.
In 2022, under the leadership of Biden, a memo released by the ICE’s chief legal advisor, Kerry Doyle, and that was seen through The Post instructed prosecutors at the agency to permit cases to be thrown out when migrants aren’t believed to be National security threats.
In that year, 36,000 people were remanded 32,000 received asylum, and 102,550 were granted their cases thrown out or removed from the court system -10 times the number in 2014.
In 2023 there were 149,000 cases in this category. As of now, in fiscal year 2024that will end on September. 30 — number is likely to be higher than that by closing 114,000 cases already.
Since Biden took office in January, 77 percent of asylum seekers were granted the right to remain in their country, as per TRAC. This amounts to 499,000 out of the 648,000 who had applied to be granted asylum within the US at the period of.
The backlog of asylum cases is 3.5 million. Cutting more than 100,000 people per year off makes the administration appear better according to sources who spoke with The Post.
After cases have been closed after which migrants cease to be being placed in “removal proceedings” and subject to deportation – the default position of the government for all migrants who cross the border.
The immigrants aren’t under any requirement to depart the US If their cases are concluded after which the person is not monitored anymore by ICE and is required to periodically be in contact with them, unlike those trying to obtain asylum.
“If the case gets dismissed, you’re basically back to nothing,” Washington-based immigration lawyer Hector Quiroga told The Post in a clarification that immigrants who have their cases dismissed aren’t eligible for benefits or work permits.
Quioga stated that for clients who have “horrible” cases — cases in which they’re likely to never prove that they are in need of asylum “that’s better than having a deportation order.”
After a person’s asylum claim has been closed, the person may apply for asylum again or pursue alternative kinds for legal status within the US.
This could mean applying for a family-based visa work-based visa, or other security measures like Temporary Protected status or Deferred Action for Children Immigration “if they meet the eligibility requirements,” immigration lawyer Sergio C. Garcia told The Post.
“Migrants whose asylum cases have been dismissed can approach US Citizenship and Immigration Services to explore other legal avenues to remain in the country,” he said.
“It’s important for them to consult with an immigration attorney to identify the best options available for their specific situation.”
ICE officials who spoke to The Post flagged an increase instances of migrants who have committed criminal acts after asylum claims were closed. This causes agents to reopen removal proceedings, which usually require several years.
“If the migrants, [whom] ICE no longer controls or monitors, commit crimes after the dismissal, ICE will have to start all over and issue a new Notice to Appear in court and start the clock all over again,” an ICE official said to The Post.
“It’s starting to increase,” another ICE officer said to The Post, pleading for public attention to the issue.
Another ICE officer has told The Post that it “happens all the time.”
However it is the Biden administration’s effort to tighten up the process at the border includes issuing an order in May that asylum applications need to be addressed by the end of a 180-day period for those who have their ultimate location to the US as Atlanta, Boston, Chicago, Los Angeles or New York City.
Also, the administration appears set for an announcement to shut down the border when the number of migrants crossing the border is 4,000 per day, according to sources who spoke with The Post.
The month of April was the most active. US authorities in southwest have intercepted 5990 people each day, according to US Customs and Border Protection. This figure doesn’t even take into account those who are referred to as “gotaways” who escape detection and detention.