The Biden administration is projecting an image of border control while clandestinely operating a "mass amnesty" program for migrants. Since 2022, the U.S. government has closed over 350,000 asylum cases if the applicants lack a criminal record or are not deemed a threat. This process involves terminating cases without a decision on the merits, allowing migrants to remain in the U.S. indefinitely without fear of deportation. This lenient approach has led to a dramatic increase in the number of migrant asylum cases closed before court proceedings since President Biden took office. Former immigration judge Andrew Arthur, now with the Center for Immigration Studies, called this move "a massive amnesty under the guise of prosecutorial discretion."

Security concerns have risen as border officers admitted individuals with ties to terrorist groups such as Somalia’s al Shabaab and Afghanistan’s Hezb-e-Islami, only to later discover their names on watchlists. ICE officers report a rise in crimes committed by such migrants after their asylum cases are dismissed, necessitating the restart of lengthy removal proceedings. Under Biden, the number of dismissed or closed cases has surged. In 2022, ICE data showed 102,550 cases dismissed, a tenfold increase from 2014. In 2023, this number rose to 149,000, with 114,000 cases already closed in fiscal year 2024.

An ICE memo from 2022 instructed prosecutors to dismiss cases for migrants not deemed security threats. Consequently, 77% of asylum seekers have been allowed to remain in the U.S. since Biden took office, translating to 499,000 of 648,000 applicants. The backlog of asylum cases stands at 3.5 million. By closing more than 100,000 cases annually, the administration appears to be addressing the issue superficially while avoiding real solutions. Washington-based immigration lawyer Hector Quiroga explained that once a case is dismissed, the migrant is no longer monitored by ICE and cannot receive benefits or a work permit. However, they can re-apply for asylum or other legal statuses such as family-based visas, employment-based visas, or Temporary Protected Status (TPS).

ICE officers express frustration over the lack of control and monitoring of dismissed cases. The cycle of re-arresting and restarting proceedings for migrants who commit crimes post-dismissal places a significant burden on the system. In response to criticism, the Biden administration issued a rule in May requiring asylum claims to be resolved within 180 days for certain cities. Additionally, an order is expected to close the border once migrant crossings hit 4,000 per day. However, April's figures showed an average of 5,990 daily interceptions, excluding those who evaded detection.

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Since Biden assumed office, the administration's policies have allowed a significant number of migrants to bypass the legal asylum process. This has raised security concerns, overwhelmed immigration courts, and created a cycle of crime and re-arrest. The current system under Biden’s watch has enabled a de facto mass amnesty, jeopardizing national security and burdening law enforcement agencies with repetitive legal procedures.

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