While the Biden administration is attempting to look like it’s getting tough on the border, behind the scenes it’s operating a program of a “mass amnesty” for migrants, The Post can reveal.
Data shows that since 2022, more than 350,000 asylum cases filed by migrants have been closed by the US government if the applicants don’t have a criminal record or are otherwise not deemed a threat to the country.
This means that while the migrants are not granted or denied asylum — their cases are “terminated without a decision on the merits of their asylum claim” — they are removed from the legal system and no longer required to check in with authorities.
The move allows them to legally, indefinitely roam about the US without fear of deportation, effectively letting them slip through the cracks.
“This is just a massive amnesty under the guise of prosecutorial discretion,” according to Andrew Arthur, a former immigration judge who now works 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,” he added to The Post.
ICE officers add that they have seen an increase in cases of such migrants committing crimes after their asylum cases have been dismissed, forcing agents to restart removal proceedings — which typically take years.
“Please let everyone know what’s really going on,” an ICE officer told The Post.
In 2020, during the Trump administration, 48,000 migrants were ordered removed from the US by immigration court judges. Fewer than 20,000 people were granted asylum, and 4,700 people had their cases closed or were otherwise allowed to remain in the country, according to data collected by the Transactional Records Access Clearinghouse.
In 2022, under Biden, a memo issued by Immigration and Customs Enforcement’s principal legal adviser, Kerry Doyle, and seen by The Post instructed prosecutors at the agency to allow cases to be dismissed for migrants who aren’t deemed national security threats.
That year, 36,000 were ordered removed, 32,000 were awarded asylum, and 102,550 had their cases dismissed or otherwise taken off the books – 10 times the number in 2014.
In 2023, there were 149,000 cases in this latter category, and so far in financial year 2024 — which ends Sept. 30 — the data is certain to surpass that, with 114,000 cases closed already.
Since Biden assumed office, 77% of asylum seekers have been allowed to remain in the country, according to TRAC. That equates to 499,000 of the 648,000 who applied for asylum in the US in that time.
The current backlog of asylum cases stands at 3.5 million, and shaving more than 100,000 people a year off it makes the administration look better, sources told The Post.
Once cases are closed, migrants are no longer in “removal proceedings” and subject to deportation – the government’s default position for all migrants admitted at the border.
The migrants are under no obligation to leave the US, and once cases are dismissed, the person is no longer monitored by ICE and required to regularly check in with them, unlike those still pursuing asylum claims.
“If the case gets dismissed, you’re basically back to nothing,” Washington-based immigration lawyer Hector Quiroga told The Post, clarifying that migrants with dismissed cases can’t receive benefits or a work permit.
Quioga said for clients with “horrible” cases – ones where they are unlikely to ultimately prove they need asylum – “that’s better than having a deportation order.”
Once a migrant’s case is terminated, the person can re-apply for asylum or seek other forms of legal status in the US.
These potentially include applying for a family-based visa, employment-based visa or other humanitarian protections such as Temporary Protected Status or Deferred Action for Childhood Arrivals, a k a DACA, “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 officers who spoke with The Post flagged an increase in cases of migrants committing crimes after their asylum cases have been closed. This forces agents to restart removal proceedings, which typically take years.
“If the migrants, who 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 told The Post.
“It’s starting to increase,” a second ICE officer told The Post, pleading for publicity over the issue.
| Year | Ordered Removed | Granted Asylum | Allowed to Remain |
| 2014 | 10,661 | 12,816 | 10,405 |
| 2015 | 10,607 | 12,220 | 15,185 |
| 2016 | 14,838 | 12,683 | 20,915 |
| 2017 | 22,580 | 14,631 | 11,436 |
| 2018 | 33,244 | 17,958 | 5,337 |
| 2019 | 52,223 | 24,109 | 4,746 |
| 2020 | 48,361 | 19,709 | 4,730 |
| 2021 | 17,999 | 13,773 | 18,119 |
| 2022 | 36,250 | 31,859 | 102,550 |
| 2023 | 52,440 | 43,113 | 149,305 |
| 2024 (through April) | 33,349 | 26,514 | 113,843 |
A third ICE officer told The Post that it “happens all the time.”
Meanwhile, the Biden administration’s attempt to tighten things up at the border has included issuing a rule in May that asylum claims must be resolved within 180 days for migrants who list their final destination in the US as Atlanta, Boston, Chicago, Los Angeles and New York City.
The administration is also poised to issue an order to close the border once the number of migrant crossings reaches 4,000 per day, sources told The Post.
In April, US authoriites in the southwest intercepted an average of 5,990 migrants per day, according to US Customs and Border Protection. That figure didn’t even include the so-called “gotaways” who escape detection and arrest.
