Biden Administration’s Silent ‘Mass Amnesty’ Revealed: 350,000 Asylum Seekers Cases Terminated

The Biden administration is implementing a program of “mass amnesty” for migrants behind the scenes while projecting a tough stance on the border, an investigation by The Post reveals.

President Joe Biden delivers a speech at the US Military Academy in West Point, New York.

The number of migrant asylum cases closed before going through the court system has skyrocketed since Biden took office.

Since 2022, the US government has closed over 350,000 asylum cases filed by migrants if the applicants lack a criminal record or are not considered a threat. These cases are terminated without a decision on the merits of their asylum claims, allowing migrants to roam the US indefinitely without deportation fears.

Andrew Arthur, a former immigration judge, describes this as “massive amnesty under the guise of prosecutorial discretion.”

Center for Immigration Studies fellow Andrew Arthur accuses Biden of granting “massive amnesty under the guise of prosecutorial discretion.” Getty Images

Under Biden, a memo from Immigration and Customs Enforcement’s principal legal adviser instructed prosecutors to dismiss cases for migrants not deemed national security threats. This led to a significant increase in cases dismissed or otherwise taken off the books.

A memo from ICE principal legal adviser Kerry Doyle instructed prosecutors to dismiss cases from migrants who aren’t deemed security risks.ICE

Since Biden took office, 77% of asylum seekers have been allowed to stay in the country, contributing to a backlog of 3.5 million asylum cases. The administration’s move to dismiss cases aims to reduce this backlog and improve its image.

ICE does not monitor migrants with dismissed cases and are not required to check in, unlike those still pursuing asylum claims regularly. However, they are unable to receive benefits or a work permit.

Migrants who crossed into Yuma, Ariz., wait for Border Patrol along the border wall. James Breeden for the New York Post

Once a migrant’s case is terminated, they can explore other legal avenues to remain in the country, such as applying for family-based visas or humanitarian protections like DACA, if eligible.

ICE officers note an increase in cases of migrants committing crimes after their asylum cases are closed, necessitating the restart of removal proceedings.

While the Biden administration is tightening asylum claim resolution timelines and considering closing the border at specific migrant crossing thresholds, the issue of mass amnesty remains a significant concern.

Migrants arrive at the Regional Center for Border Health in Yuma after being released into the country by Border Patrol. James Breeden for the New York Post

Additionally, the Biden administration issued a rule in May requiring asylum claims to be resolved within 180 days for migrants, listing their final destination as major cities like Atlanta, Boston, Chicago, Los Angeles, and New York City.

This rule aims to expedite the processing of asylum claims and alleviate pressure on these urban centres.

Furthermore, sources indicate that the administration is poised to issue an order to close the border once the number of migrant crossings reaches 4,000 per day.

Data compiled by TRAC shows an explosion in the number of people effectively allowed to remain in the US without going through the asylum process since Biden took office.

This move responds to the overwhelming influx of migrants at the border.

In April alone, US authorities in the southwest intercepted an average of 5,990 migrants per day, according to US Customs and Border Protection, a figure that doesn’t even include the “getaways” who evade detection and arrest.