New report reveals huge number of illegal immigrants benefiting from Biden-Harris ‘silent amnesty’
FIRST ON FOX: About 1 million immigrants are living in the US “permanently” after their cases were dismissed or closed, or the Department of Homeland Security (DHS) failed to file the necessary documents, according to a new report by the House Judiciary Committee released Thursday. .
“Through executive action at the Department of Justice and DHS, the Biden-Harris Administration has already ensured that nearly a million illegal aliens can remain in the United States without deportation — and that trend shows no signs of stopping,” the report said. by the House majority in the committee, first obtained by Fox News Digital, said.
If illegal immigrants are found, they can be placed in removal proceedings where they will end up facing an immigration judge to have their case heard. There are nearly 700 immigration judges across the US, and they are currently dealing with a backlog of millions of cases after the historic border crisis.
BIDEN ADMIN FACED RESPONSE TO ‘SIGNIFICANT CRASH’ OF ATTACKS ON BORDER PATROL AGENTS
The report cites briefings to the committee, which staff said revealed that more than 700,000 illegal immigrants have had their immigration cases dismissed, dismissed or stayed in immigration court during the current administration, “allowing those immigrants to remain in the country indefinitely without facing immigration consequences. .”
Additionally, it says the Justice Department’s Executive Office for Immigrant Review (EOIR), which oversees immigration courts, reported more than 109,000 cases as unadjudicated in FY 23, meaning they were completed but not adjudicated on the merits of the claims.
Additionally, as previously reported, DHS failed to file the necessary documentation for an additional 200,000 cases, “meaning that many of those immigrants could remain in the US indefinitely.”
“Instead of adjudicating illegal alien cases based on the alien’s need for assistance — such as the alien having an active and successful asylum application — immigration judges under the Biden-Harris Administration have been tasked with rubberstamping, closing, and terminating cases, all of which allow illegal aliens to remain in the United States States without immigration consequences,” the report said. “This kind of silent amnesty has become the norm in the Biden-Harris Administration’s immigration courts.”
A Border Patrol agent guides immigrants crossing into Shelby Park into a Border Patrol van to be taken to a processing center on Feb. 4, 2024 in Eagle Pass, Texas. (Photo by Michael Gonzalez/Getty Images)
The report details that DHS issued a memo in 2022, instructing Immigration and Customs Enforcement (ICE) attorneys to promote the closure and dismissal of cases, given the large backlog. It was framed as removing “non-essential cases” from the docket — meaning those that don’t qualify as national security, public safety or border security threats.
WHAT VICE PRESIDENT HARRIS LEFT ON THE BIDEN ADMIN’S ROLE IN THE CHALLENGE: A TIMELINE.
Meanwhile, at the DOJ, the committee points to a 2021 memo issued by Attorney General Merrick Garland, in which he reinstated the use of a process known as an executive shutdown to allow “focus on more important cases.” The committee found, after interviews with officials including the former director of EOIR, that immigration judges were encouraged to dismiss or close cases by statute.
“In equipping both immigration judges at the Department of Justice and ICE attorneys within DHS, the Biden-Harris Administration has ensured that more than a million immigrants – many of whom may not have a legal basis to stay in the United States – can stay in the country permanently,” it said. report. “This silent amnesty not only undermines US immigration law but also encourages illegal immigrants to come to America’s borders, knowing they will be allowed into the country and never deported.”
Fox previously reported that the cancellation of cases can also be problematic for migrants, who may be left at a loss as to their status and what to do next, as deportation does not confer any kind of legal status.
DOJ declined to comment, while DHS pointed to statistics showing that 96% of notices to appear (NTAs) have been successfully filed since Jan 2021, and 98% since the start of FY 23, with the majority of new NTAs are included. digitally and automatically in EOIR systems.
DHS states that if the NTA is not filed correctly or late, the NTA is resubmitted so that the cases can proceed at a later date. It emphasizes that immigrants are told to check and report address changes so they can continue to receive information about their cases.
CLICK HERE FOR THE FOX NEWS PROGRAM
Migrants wait in line to be processed by the Border Patrol near the border wall after crossing the Rio Grande into El Paso, Texas. (HERIKA MARTINEZ/AFP via Getty Images)
Meanwhile, the Biden administration has emphasized the sharp drop in border crossings since President Biden signed an executive order to reduce immigration to the US by 55% since then. The agency also says it completed more than 700,000 removals or reinstatements in FY 24, the most since 2010.
It comes as immigration remains a key election issue ahead of Nov. 5, where both former President Donald Trump and Vice President Kamala Harris are arguing over who is best to deal with the situation at the border.
Get the latest updates on the ongoing border crisis from the Fox News Digital immigration hub.
